17 ^S^ KPMn^JH/. /; ./N^l
NOV mjasr
~-1
OR» LIBRARY
NORTH CAROLINA
REGISTER
IN THIS ISSUE.
^OKTH ,
CONa
TITl
CORRECTION
FINAL DECISION LETTERS
PROPOSED RULES
Agriculture
Human Resources
Licensing Boards
NRCD -
FINAL RULES
Human Resources
LIST OF RULES AFFECTED
ISSUE DATE: NOVEMBER 16, 1987
Volume 2 • Issue 8 • Pages 488-544
INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CGI
NORTH CAROLINA REGISTER
The North Carolina Register is published monthly and
contains information relating to agency, executive, legislative and
Judicial actions required by or affectiiig Chapter I50B of the
General Statutes. All prop>osed administrative rules and amend-
ments filed under Chapter 1 508 must be published in the Register.
The Register will typically comprise approximately one hundred
pages per issue of legal text.
State law requires that a copy of each issue be provided free
of charge to each county in the state and to various state officials
and institutions. The North Carolina Register is available by
yearly subscription at a cost of ninety-five dollars ($95.00) for
12 issues.
Requests for subscription to the North Carolina Register should
be directed to the Office of Administrative Hearings, P. O.
Drawer 11666, Raleigh, N. C. 27604, Attn: Subscriptions.
ADOPTION, AMENDMENT, AND REPEAL OF RULES
An agency intending to adopt, amend, or repeal a rule must
first publish notice of the proposed action in the North Carolina
Register. The notice must include a reference to the Statutory
Authority for the action; the time and place of the public hearing
and a statement of how public comments may be submitted to
the agency either at the hearing or otherwise: the text of the
proposed rule or amendment; and the proposed effective date.
The Director of the Office of Administrative Hearings has
authority to publish a summary, rather than the full text, of any
amendlinent which is considered to be too lengthy. In such case,
the fiill text of the rule containing the proposed amendment will
be available for public inspection at the Rules Division of the
Office of Administrative Hearings and at the office of the
promulgating agency.
Following publication of the proposal in the North Carolina
Register, at least 60 days must elapse before the agency may take
action on the proposed adoption, amendment or repeal.
When final action is taken, the promulgating agency must file
any adopted or amended rule with the Office of Administrative
Hearings. If it differs substantially from the proposed form
published as part of the public notice, the adopted version will
again be published in the North Carolina Register.
A rule, or amended rule, cannot become effective earlier than
the first day of the second calendar month after the adoption is
filed.
Proposed action on rules may be withdrawn by the pro-
mulgating agency at any time before final action is taken by the
agency.
TEMPORARY RULES
Under certain conditions of an emergency nature, some
agencies may issue temporary rules. A temporary rule becomes
effective when adopted and remains in effect for the period
specified in the rule or 120 days, whichever is less. An agency
adopting a temporary rule must begin normal rule-making
procedures on the permanent rule at the same time the temporary
rule is adopted.
NORTH CAROLINA ADMINISTRATIVE CODE
The North Carolina Administrative Code (NCAC) i
compilation and index of the administrative rules of 25 s
agencies and 38 occupational licensing boards. The NC
comprises approximately 15,000 letter size, single spaced pa
of material of which approximately 35% is changed annua
Compilation and publication of the NCAC is mandated by C
150B-63(b).
The Code is divided into Titles and Chapters. Each state age
is assigned a separate title which is further broken down
chapters. Title 2 1 is designated for occupational licensing boa
The NCAC is available in two formats.
( 1 ) In looseleaf pages at a minimum cost of two dollars
50 cents ($2.50) for 10 pages or less, plus fifteen a
($0.15) per each additional page.
(2) On microfiche. The microfiche edition is revised se
annually (March and October) and can be purchased
forty dollars ($40.00) per edition. Due to the voli
of the Code, the complete copy can only be purchase<
microfiche. The NCAC on microfiche is updi
monthly by publication of a "List of Rules Affect
which sets out rules filed the previous month, the ac
taken, and the effective date of the change. This 11
published in the North Carolina Register.
Requests for looseleaf pages of rules or the NCAC
microfiche should be directed to the Office of Administra
Hearings.
NOTE
The foregoing is a generalized statement of the procedun
be followed. For specific statutory language, it is suggested
Articles 2 and 5 of Chapter 150B of the General Statute:
examined carefully.
I
CITATION TO THE NORTH CAROLINA REGIST]
The North Carolina Register is cited by volume, issue, ]
number and date. 1:1 NCR 101-201, April 1, 1986 refei
Volume 1, Issue I. pages 101 through 201 of the North Care
Register issued on April 1, 1986.
I
North Carolina Register. Published monthly by thi
Office of Administrative Hearings, P. O. Drawer 11666
Raleigh, North Carolina 27604, pursuant to Chapter 1501
of the General Statutes. Subscriptions ninety-five dollar
($95.00) per year.
North Carolina Administrative Code. Published
March and October by the Office of Administrativ
Hearings, P. O. Drawer 11666, Raleigh, North Carolin
27604, pursuant to Chapter 150B of the General Statutes
Subscriptions forty dollars ($40.00) per edition.
NORTH
CAROLINA
REGISTER
ISSUE CONTENTS
I. CORRECTION
HUMAN RESOURCES
Notice 488
Office of Adminhtrathc Hearings
P. O. Drawer 11666
Rakish, \C 27604
(919) 733 - 2678
Robert A. Mclott,
Director
James R. Scarcella, Sr.
Deputy Director
MoUy Mason,
Assistant Director
Staff:
Ruby Creech,
Publications Coordinator
Teresa Jolinson,
Editorial Assistant
Jean Shirley,
Editorial Assistant
II. FINAL DECISION LETI ERS
Voting Rights Act 489
III. PROPOSED RULES
Agriculture
Structural Pest
Control Committee 492
Human Resources
Departmental Rules 492
Health Services 494
Medical Assistance 506
Licensing Boards
CPA Hxamincrs 516
Geologists 524
Refrigeration Examiners 526
NRCD
Coastal Management 510
Community Assistance 51 1
Enviionmental Management 506
rV . FINAL RULES
Human Resources
Drug Commission 530
V. LIST OF RULES AFFECTED
November I, 1987 537
VI. CUMULATIVE INDEX 541
NORTH CAROLPs A REGISTER
Publication Deadlines and Schedules
(September 1987 - March 1988)
Issue
Last Day
l^st Day
Earliest
+
Date
for
for
Date for
Earliest
Filing
Electronic
Public
Effective
Filing
Hearing &
Adoption by
Agency
Date
++++*+*+
*+++++++
++++++++
++++++++
♦+♦++♦++
09 '15/87
08/26 87
09/02,87
10/15/87
01/01/88
10 1 5 '87
09'25 87
10/02/87
11/14/87
02/01/88
11 '16 '87
10 27/87
11/03/87
12/16/87
03/01/88
12 15/87
11/23/87
12/02/87
01/14/88
04 01/88
01/15/88
12/28 87
01/04/88
02/14/88
05/01/88
02/15 88
01/26 88
0202 88
03/16/88
0601/88
03 '15/88
02/24 88
03/02 88
04/14/88
07/01/88
* The "Earliest Effective Dale" is computed assuming that the public hearing
and adoption occur in the calendar month immediately following the "Issue
Date", that the agency files the rule with The Administrative Rules Review
Commission by the 20th of the same calendar month and that ARRC approves
the nde at the next calendar month meeting.
CORRECTION
THi: so I ICE PV BUSH ED IN THE NORTH CAROLINA REGISTER AT 2:7 NCR 442 AND
443 SHOLTD READ:
lyoticc is hereby gh-en in accordance with G.S. I SOB- 1 2 that The Director of the Division of Mental
Health, Mental Retardation and Substance Abuse Sen-ices intends to amend regulation cited as 10
.\CAC /4C./n7ib)(/).
IS oticc is hereby given in accordance with G.S. I SOB- 1 2 that The Commission for Mental Health.
Mental Retardation and Substance Abuse Services intends to amend regulation cited as [0 NCAC 181
.0120(94).
NOR TH CAROLINA REGIS TER 4S8
.
VOTING RIGHTS ACT FINAL DECISION LETTERS
[G.S. /20-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the
Attorney General of the United Stales in which a final decision is made concerning a "change af-
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina
Register. /
WBR;MAP:TGL:dvs
DJ 166-012-3
S4750-4752
U.S. Department of Justice
Civil Rights Division
Washington, D.C. 20530
Voting Section
P.O. Box 66128
Washington, D.C. 20035-6128
October 2, 1987
David A. Holec, Esq.
City Attorney
P.O. Box 1388
Lumberton, North Carolina 28358-1388
Dear .\Ir. Holec;
This refers to the three annexations [Ordinance Nos. 958, 959, and 960 (1987)] to the City of
Lumberton in Robeson County, North Carolina, submitted to the Attorney General pursuant to
Section 5 of the Voting Rights Act of 1965, as amended, 42 L'.S.C. 1973c. We received your sub-
mission on August 3, 1987.
The Attorney General does not interpose any objections to the changes in question. However,
we feel a responsibihty to point out that Section 5 of the Voting Rights Act expressly provides that
the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin
the enforcement of such changes. See Section 51.41 of the Procedures for the Administration of
Section 5 [52 Fed. Reg. 496 (1987)].
Sincerely,
Wm. Bradford Reynolds
Assistant Attorney General
Civil Rights Division
By:
Gerald W. Jones
Chief, Voting Section
489
NORTH CAROLINA REGISTER
VOTING RIGHTS ACT FINAL DECISION LETTERS
WBR:MAP:KIF:gmh
DJ 166-012-3
S5137
U.S. Department of Justice
Civil Rights Division
Washington, D.C. 20530
Voting Section
P.O. Box 66128
Washington, D.C.
20035-6128
October 16, 1987
Michael Crowell, Fsq.
Thanington, Smith & Hargrove
P. O. Box 1151
Raleigh, North Carolina 27602
Dear Mr. Crowell:
This refers to Chapter 41 1, H.B. No. 864 (1987), which permits the crossing of township lines
in drawing voting precincts in Pitt County, North Carolina, submitted to the Attorney General
pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received
your submission on August 17, 1987.
The Attorney General does not interpose any objection to the change in question. However,
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that
the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin
the enforcement of such change. See Section 51.41 of the Procedures for the Administration of
Section 5 |52 Fed. Reg. 496 (19S7)j.
The provisions of this Act are viewed as enabUng legislation. Therefore, any changes affecting
voting (i^, the reahgnment of voting precincts) adopted as a result of the provisions of this Act will
be subject to the preclearance requirements of Section 5. See also Section 51.15 [52 Fed. Reg. 492
(1987)].
Sincerely,
Wm. Bradford Reynolds
Assistant Attorney General
Civil Rights Division
By:
Gerald W. Jones
Chief, Voting Section
NORTH CAROLINA REGISTER
490
VOTING RIGHTS ACT FINAL DECISION LETTERS
WBR:SSC:TGL.dvs
DJ 166-012-3
S5465-5467
S7532
U.S. Department of Justice
Civil Rights Division
Washington, D.C. 20530
Voting Section
P.O. Box 66128
Washington, D.C. 20035-6128
October 20, 1987
Michael Crowell, Esq.
Tharrington, Smith & Hargrove
P. O. Box 1151
Raleigh, North Carolina 27602
Dear iMr. Crowell:
This refers to change in the method of election to seven single-member districts, the increase to
seven county commissioners, the districting plan, and the implementation schedule for the county
commission in Vance County, North Carolina, submitted to the Attorney General pursuant to Sec-
tion 5 of the Voting Rights Act of 1965, as amended, 42 L'.S.C. 1973c. We received your submission
on August 21, 1987.
The Attorney General does not interpose any objections to the changes in question. However,
we feel a responsibility to pomt out that Section 5 of the Voting Rights Act expressly provides that
the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin
the enforcement of such changes. See Section 51.41 of the Procedures for the Administration of
Section 5 |52 Fed. Reg. 496 (1987)].
Sincerely,
Wm. Bradford Reynolds
Assistant Attorney General
Civil Rights Division
By:
Gerald W. Jones
Chief, Voting Section
491
NORTH CAROLINA REGISTER
PROPOSED RULES
TITLE 2 - DEPARTMENT OF
AGRICULTURE
lyotice is hereby given in accordance with G.S.
I SOB- 1 2 that the Structural Pest Control Com-
mittee intends to amend regulations cited as 2
NCAC 34 .0601; .0603 and .0605.
1 he proposed effective date of this action is
March I. I9S8.
Th
he public hearing will be conducted at 1:00
p.m. on December 16, 1987 at Hall of Fame,
Room 101 A, Agriculture Building, I W.
Edenton Street, Raleigh. NC.
Co
omment Procedures: Interested persons
may present statements either orally or in writ-
ing at the public hearing or in writing prior to
the hearing by mail addressed to David S.
McLeod, Chairman of the Structural Pest
Control Committee. P.O. Box 27647, Raleigh,
North Carolina 2761 1.
CH APIKR 34 - STRLCTLRAL PEST
CONTROL DIVISION
SECTION .0600 - WOOD-DESTROYING
ORGANISMS AGREEMENTS
.0601 AGREEMENTS
(a) Before any work is started, the licensee
or his authorized agent shall be responsible for
executing a written agreement with, and in-
forming, in detail, the property owner or his
authorized agent as to the type and quality of
work that is to be performed under the agree-
ment, eft aft¥ jet* whether it- mootfi minimum
r e quircmentLi «+ ftet-r
Bet moot minimum requir e ments shall moan
a»y written agreement, ent e red iwte- hf tl*e
idf pros^'ntion ef wood destroying organioms
ef po ' jto, m which treatment fof the control ©f
prevention ef such organisms e* pests, is He4^
te be poribrmod ift acoordanco with minimum
roquiroments as heroin set- forth.
(b) If a partial treatment is to be performed
under Rule .050.3, the written agreement shall
state: "The treatment proposed by this con-
tract is a partial treatment. Only those areas
indicated on the attached foundation diagram
will be treated. Treatment of these areas wiU
be perfonned according to North Carolina
minimum requirements for subterranean
termite control except as specified by the at-
tached waiver form."
Statutory Authority G.S. 106-65.29.
.0603 WAIVERS
(a) If fof any reason there are any deviations
or omissions from the minimum requirements
for the control and/or prevention of wood-
destroying organisms, or pests, as hereinbefore
set forth, each requirement »f iteH* omitted
shall be fuUy explained, in writing, prior to any
work being done, on the waiver form(s) pre-
scribed by the committee, bear the written ap-
proval of the property owner or his authorized
agent, and shall be made a permanent part of
the written agreement, ef contract. A copy
»f the abovo svai' i 'or form shall be given te- tin*
property o' l sner ©f his authorized agent within
^ days from the date ef the contract covering
wood d e stroying organisms. A dupUcato copy
^^r TTTW ^TTTTT ur IT17I III CTTTO^r ^^P n.\.n_'r ^^T IIIU 1U\^J T_f I
the lioonseo.
(b) In the case of a partial treatment, a
waiver shall only be required if the minunum
requirements are not to be followed in the
treated areas indicated on the foundation dia-
gram.
fb)- (c) Incomplete and retroactive waiver
forms shall not be acceptable accepted unless
approved by the committee or its authorized
agent .
Statutory Authority G.S. 106-65.29.
.0605 CONTRACTUAL AGREEMENTS FOR
WOOD-DESTROYING ORGANISMS
(a) (7) For existing structures the written
agreement shall include a foundation diagram
ef sketch of the structure or structures or
portions of such structure or structures in-
spected. The diagram shall clearly indicate and
make fuU disclosure thereon the location of
individual water sources, any visual evidence
of wood-destroying organism infestation,
whether it be active or inactive, and damaged
timbers. If a partial treatment is to be per-
formed, the diagram shaU clearly indicate all
areas of the structure to be treated.
Statutory Authority G.S. 106-65.29.
TITLE 10 - DEPARTMENT OF HUMAN
RESOURCES
lyotice is hereby given in accordance with G.S.
150B-I2 that the Office of the Secretary intends
NORTH CAROLINA REGISTER
492
PROPOSED RULES
to adopt regulation cited as JO NCAC IB
.0225; amend regulations cited as 10 NCAC IB
.0201 and .0202; and repeal regulations cited
as JO NCAC JB .0206; .0208 - .0213; .02 J 5 -
.02 J6; .02 J8 - .0220; .0222 - .0224.
1 he proposed effective date of this action is
April J. 1988.
1 he public hearing will be conducted at 9:00
a.m. on December 16, 1987 at Albemarle
Building, Room 420, 325 N. Salisbury Street,
Raleigh, North Carolina 276 J I.
y^omment Procedures: Interested persons
may present written andlor oral comments at
the public hearing. Oral presentations may not
exceed ten minutes. Persons wishing to offer
comments at the public hearing should contact
John DeLuca at 325 N. Salisbury Street, (919)
733-6920 by December 15, 1987. The hearing
record will remain open for the submission of
written comments through December 16. J 987.
Written comments must be sent to John DeLuca
at the above address by December 16, 1987 and
must state the proposed rule(s) to which they
refer. A fiscal impact statement has been pre-
pared on the proposed rules and can be re-
quested at OLL.l listed at the address above.
CHAPTER I - DEPARTMENTAL RLLES
SLBCHAPTER IB - PROCEDLRE
SECTION .0200 - CONTESTED CASES
.0201 DEFINITIONS
The following terms shall have the following
meanings unless the context of the rule re-
quires a dilTerent interpretation:
(1) "department" means the Department of
Human Resources;
(2) "hearing" means a contested case hearing
as provided in G.S. 150B-2(2) and
150B-23;
f^ "hearing ofTicc'r" moanij:
fa^ a dopartmuntul h e aring ofTicorfc i ) ap-
pointt ' d by tfee ooorotar t' ©f his/h e r
dooigncoo; e*
(fe) a hoaring olTic e r appoint e d hf ti*# di-
r e ctor ef tfet» OAH;
f4) 01 "OAH" means the Office of Adminis-
trative Hearings;
(4) (4) "secretaTv'" means the Secretary of the
Department of Human Resources.
Statutory Authority G.S. J43B-I0; J50B-IJ.
.0202 REQUEST FOR DETERMINATION
(a) In accordance with G. S. 150B-2(2), any
person may request a determination of his/her
legal rights, privileges, or duties as they relate
to laws or rules administered by the depart-
ment. All requests mtist be in writing and
contain a statement of the facts prompting the
request sufficient to allow for appropriate
processing by the department.
(b) Any person seeking such a determination
must exhaust all informal procedures available
before requesting a hearing under G.S.
1503-23.
(c) All petitions for hearings regarding mat-
ters under the control of the department shall
be filed with the OAH in accordance with G.S.
150B-23 and 26 NCAC 3 .0003. In accord-
ance with G.S. lA-1, Rule 4 (j) 4, the petition
shall be served on a registered agent for service
of process for the department. A list of regis-
tered agents may be obtained from the Office
of Legislative and I^gal Affairs.
(4) Te obtain a dopartmontal hoaring, tfee
petition fof hcKuing filod with y*e OAH muot
include a waiver b^ t^ right te a hearing con
duct e d by tfee OAH. ¥ Ae department initi
at*s A« contested caoe, tb« respond e nt may
obtain a dopartmontal hoaring by filing a w'rit
i-dvt waiver ef \^ right te aa OAH hearing with
tlw Oi\H within 44 days al4i?f being s e ns e d
w+tb tbe petition fof hoaring.
m accordance \v\i\\ tbe Rules contain e d ift tbis
Section unless another procedure is specifi e d
fef tbe hearing i» tb© following ohaptorc.
Statutory Authority G.S. J 43 B- 10; J50B-J1;
I50B-22: 150B-23.
.0206 NOTICE OF HEARING (REPEALED)
Statutory Authority G.S. J43B-I0; I50B-JJ.
.0208 INTERVENTION (REPEALED)
Statutory Authority G.S. I43B-I0 (j) (2);
I50B-I1.
.0209 WRITTEN ANSWER (REPEALED)
Statutory Authority G.S. 143 B- 10; I50B-JI;
I50B-25.
.0210 VLNLE (REPEALED)
Statutory Authority G.S. I43B-I0 (j) (2);
I50B-II; J50B-24.
.02 1 1 DISCO\ ERY (REPEALED)
493
NORTH CAROLINA REGISTER
PROPOSED RULES
Statutory Authority G.S. 143B-10 (j) (2);
150B-II: I50B-2S.
.0212 PRE-H FARING CONFERENCE
(REPEALED)
Statutory Authority G.S. 1438-10 (j) (3);
I50B-II; I50B-33.
.0213 SLBPOENAS (REPEALED)
Statutory Authority G.S. 143B-10 (j) (2);
I50B-II: I50B-27; l50B-33(2).
.0215 STIPLLATIONS (REPEALED)
Statutor\' Authority G.S. I43B-I0 (j) (3);
I50B-Ii; I50B-3I.
.0216 DISQUALIFICATION OF HEARING
OFFICER (REPEALED)
Statutory Authority G.S. I43B-10 (j) (3);
I50B-32.
.0218 OATH (REPEALED)
Statutory Authority G.S. I43B-I0 (j) (3).
.0219 CONDUCT OF HEARING (REPEALED)
shall notify the parties to the contested case of
receipt of the record and provide them an op-
portunity to file exceptions to the decision re-
commended by the administrative law judge
and to present written arguments in accord-
ance with G.S. 150B-36.
(b) The time provided to submit arguments
and exceptions shall be specified in the notice
and shall be at least 15 days from the date the
notice was mailed.
(c) No new evidence may be included m the
exceptions and arguments presented for con-
sideration by the fmal decision-maker, pro-
vided that any party may request that the fmal
decision-maker remand the matter to the ad-
ministrative law judge for the taking of addi-
tional evidence for the reasons set forth in G.S.
150B-49.
(d) If the fmal agency decision-maker deter-
mines that the official record of a contested
case does not contain sufficient information on
which to base the fmal agency decision, the
case may be remanded to the hearing officer
for the curing of the insufficiency. The remand
order shall contain specific instructions as to
how the insufficiency in the official record may
be cured.
Statutory Authority G.S. J43B-J0; J50B-/J;
I50B-36: J50B-37.
Statutor\' Authority G.S. 1 43 B- 10 (j) (I);
I50B-II; I50B-33: I SOB- 37.
.0220 DECISION (REPEALED)
Statutory Authority G.S. I43B-I0 (j) (3);
I50B-II; 150B-34: I SOB- 36.
.0222 TRANSCRIPTS (REPEALED)
Statutory Authority G.S. I43B-I0 (j) (3):
/SOB-//; /SOB-37.
.0223 CONSOLIDATION (REPEALED)
Statutory Authority G.S. /43B-/0(j); /SOB-//;
/SOB-26.
.0224 FAILURE TO APPEAR (REPEALED)
Statutory Authority G.S. /43B-/0(j); /SOB-//;
/S0B-2S(a).
.0225 EXCEPTIONS TO RECOMMENDED
DECISION
(a) Upon receipt of the official record as de-
fined m G.S. 150B-37, the secretary or designee
****************
i V otice is hereby given in accordance with G.S.
J SOB-/ 2 that the Division of Health Services
intends to adopt regulations cited as JO NCAC
7 A .0/06 - .0/09; .0209 - .02/2; /O NCAC 9D
.0/04; amend regulations cited as /O NCAC 7 A
.040/; .040S - .0406; .0S03; 10 NCAC 7D
.0206; /O NCAC 7E .0401 - .0403; JO NCAC
/OA .020J; .0302; .0444; .0502; .J004; .J30/;
.2202; and repeal regulations cited as /O NCAC
7A .0/0/ - .0/05; .020/ - .0206; .0208; .0502.
1 he proposed effective dale of this action is
March /, /98S.
1 he public hearing will be conducted at 9:00
a.m. on December /6, /987 at Highway Build-
ing, Auditorium (First Floor), / South
Wilmington Street, Raleigh, North Carolina.
K_.omment Procedures; Any person may re-
quest information or copies of the proposed
rules by writing or calling John P. Barklcy,
Agency Legal Specialist, Dix'ision of Health
NORTH CAROLINA REGISTER
494
PROPOSED RULES
Sen-ices, P.O. Box 2091, Raleigh, North
Carolina 27602-2091, (919) 733-3/34. Writ-
ten comments on these subjects may be sent to
Mr. Barkley at the above address. Written and
oral (for no more than ten minutes) comments
on these subjects may be presented at the hear-
ing. Notice should be given to Mr. Barkley at
least three days prior to the hearing if you de-
sire to speak.
CHAPTER 7 - HEALTH: EPIDEMIOLOGY
SLBCHAPTER 7A - ACL'TE
COMMLMCABLE DISEASE CONTROL
SECTION .0100 - REPORTING OF
CONLMUNICABLE DISEASES
.0101 REPORTABLE DISEASES (REPEALED)
.0102 METHOD OF REPORTING (REPEALED)
.0103 PHYSICIANS TO REPORT (REPEALED)
.0104 OTHER PERSONS TO REPORT
(REPEALED)
.0105 FORWARDING REPORTS (REPEALED)
Statutor\> Authority G.S. /30.4-J34; I30A-I35;
BOA- 1 38: I30A-I4I: 1 30 A- 147.
.0106
AND
REPORTABLE DISEASES
CONDITIONS
The following named diseases and conditions
are declared to be dangerous to the public
health and are hereby made reportable within
the time period specified after the disease or
condition is reasonably suspected to exist:
(1) acquired immune deficiency syndrome
(AIDS) - 7 days;
(2) amebiasis - 7 days;
anthrax - 24 hours;
blastomycosis - 7 days;
botulism - 24 hours;
brucellosis - 7 days;
Campylobacter infection - 24 hours;
chancroid - 24 hours;
chlamydial infection (laboraton,* con-
fumed) - 7 days;
(10) cholera - 24 hours;
dengue - 7 days;
diptheria - 24 hours;
encephalitis - 7 days;
foodbome disease, including but not
limited to Clostridium perfringens,
staphylococcal, and Bacillus cereus - 24
hours;
(15) gonorrhea - 24 hours;
granuloma inguinale - 24 hours;
Hemophilus influenzae, invasive disease
24 hours;
hepatitis A - 24 hours;
hepatitis B - 24 hours;
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(11)
(12)
(13)
(14)
(16)
(17)
(18)
(19)
(20) hepatitis B carriage - 7 days;
(21) hepatitis non-A, non-B - 7 days;
(22) legionellosis - 7 days;
(23) leprosy - 7 days;
(24) leptospirosis - 7 days;
(25) Lyme disease - 7 days;
(26) lymphogranuloma venereum - 7 days;
(27) malaria - 7 days;
(28) measles (rubeola) - 24 hours;
(29) meningitis, pneumococcal - 7 days;
(30) meningitis, viral (aseptic) - 7 days;
(31) meningococcal disease - 24 hours;
(32) mucocutaneous lymph node syndrome
(Kawasaki syndrome) - 7 days;
(33) mumps - 7 days;
(34) nongonococcal urethritis - 7 days;
(35) plague - 24 hours;
(36) paralytic poliomyelitis - 24 hours;
(37) psittacosis - 7 days;
(38) Q fever - 7 days;
(39) rabies, human - 24 hours;
(40) Reye's syndrome - 7 days;
(41) Rocky Mountain spotted fever - 7 days;
(42) rubella - 24 hours;
(43) rubella congenital syndrome - 7 days;
(44) salmoneUosis - 24 hours;
(45) shigellosis - 24 hours;
(46) syphilis - 24 hours;
(47) tetanus - 7 days;
(48) toxic shock syndrome - 7 days;
(49) trichinosis - 7 days;
(50) tuberculosis - 24 hours;
(51) tularemia - 24 hours;
(52) typhoid - 24 hours;
(53) typhoid carriage (Salmonella typhi) - 7
days;
(54) typhus, epidemic (louse-borne) - 7 days;
(55) w^hooping cough - 24 hours;
(56) yellow fever - 7 days.
Statutofj Authority G.S. 130A-I34.
.0107 METHOD OF REPORTING
(a) When a report of a disease or condition
is required to be made pursuant to G.S.
130A-135 through 139 and 10 NCAC 7A
.0106, the report shall be made to the local
health director as follows:
( 1) For diseases and conditions required to
be reported within 24 hours, the initial
report shall be made by telephone, and
the report required by Paragraph (2)
ohall be made within se\'en days.
(2) In addition to the requirements of Par-
agraph (1), the report shall be made on
the communicable disease report card
provided by the Division of Health
Services and shall include the name and
495
NORTH CAROLINA REGISTER
PROPOSED RULES
address of the patient, the name and
address of any minor's parent or guard-
ian, and all other pertinent
epidemiologic information requested on
the form.
(3) In addition to the requirements of Par-
agraph (1) and (2), the epidemiologic
information requested on a surveillance
form pro\ided by the Division of
Health Services shall be completed and
submitted for the reportable diseases
and conditions identified in 10 NCAC
7A .0106(1), (6), (17), (18), (19), (20),
(21), (22), (23), (24), (25), (27), (29),
(31), (32), (36), (37), (40), (41), (43),
(47), (48), (49), (50), (51), (52), (55).
(4) Communicable disease report cards and
surveillance forms are available from
the morbidity unit, N.C. Division of
Health Serv'ices, P.O. Box 2091,
Raleigh, N.C. 27602, and from local
health departments.
(b) Notwithstanding the time frames estab-
lished in Rule .0106, a restaurant or other food
or drink estabUshment is required to report all
outbreaks or suspected outbreaks of foodbome
illness in its customers or employees and all
suspected cases of foodbome disease or
foodbome condition in food-handlers at the
establishment by telephone to the local health
department within 24 hours in accordance with
Paragraph (a) (1). However, the establishment
is not required to submit a report card or sur-
veillance form pursuant to Paragraphs (a) (2)
and (a) (3).
(c) For the purposes of reporting by restau-
rants and other food or drink estabhshments
pursuant to G.S. 130A-138, the diseases and
conditions to be reported shall be those listed
in 10 NCAC 7A .0106 (5), (7), (10), (14), (18),
(44), (45), (49), (52), and (53).
Statutory Authority G.S. J30A-J35 through
J30A-J39; 1 30 A- 141.
.0108 DUTIES LOCAL HEALTH DIRECTOR:
REPORT COMMLMCABLE DISEASES
(a) L'pon receipt of a report of a
communicable disease or condition pursuant
to 10 NCAC 7 A .0106, the local health direc-
tor shall:
(1) immediately investigate the circum-
stances surrounding the occurrence of
the disease or condition to determine
the authenticity of the report and the
identity of all persons for whom control
measures are required. This investi-
gation shall include the collection and
submission for laboratory examination
of specimens necessary to assist in the
diagnosis and indicate the duration of
control measures;
(2) determine what control measures have
been given and ensure that proper con-
trol measures as provided in 10 NCAC
7A .0209 have been given and are being
compUed with;
(3) forward the report as follows:
(A) The local health director shall for-
ward all reports of chancroid,
chlamydial infection, gonorrhea,
granuloma inguinale,
lymphogranuloma venereum,
nongonococcal urethritis, and syphilis
as specified in 10 NCAC 7E .0401,
(B) Except as provided in (3) (A), a local
health director who receives a report
pursuant to 10 NCAC 7A .0107 re-
garding a person residing in that juris-
diction shall forward the authenticated
report to the Division of Health Ser-
vices within seven days.
(C) Except as provided in (3) (A), a local
health director who receives a report
pursuant to 10 NCAC 7A .0107 re-
garding a person who resides in another
jurisdiction in North Carolina shall
forward the report to the local health
director of that jurisdiction within 24
hours. A duphcate report card marked
"copy" shall be forwarded to the Divi-
sion of Health Services within seven
days.
(D) A local health director who receives
a report pursuant to 10 NCAC 7A
.0107 regarding a person who resided
outside of North Carolina at the time
of onset of the illness shall forward the
report to the Division of Health Ser-
vices within 24 hours.
(b) Whenever a cluster of cases of a report-
able disease or condition occurs, the local
health director shaU investigate the cluster to
determine if an outbreak exists. If an outbreak
e.xists, the local health director shall submit to
the Division of I lealth Services within 30 days
a written report of the investigation, its
findings, and the actions taken to control the
outbreak and prevent a recurrence.
(c) Whenever a cluster of cases of a disease
or condition occurs which is not required to
be reported by 10 NCAC 7A .0106 but which
represents a significant threat to the public
health, the local health director shall investi-
gate the cluster to determine if an outbreak
exists. If an outbreak exists, the local health
NORTH CAROLINA REGISTER
496
PROPOSED RULES
director shall give appropriate control meas-
ures consistent with 10 NCAC 7A .0200, and
inform the Division of Health Services of the
circumstances of the "outbreak within seven
days.
Statutory Authority G.S. I30A-I4I: -144.
.0109 RELE.VSE OF COMMUNICABLE
DISEASE RECORDS FOR RESEARCH
PURPOSES
(a) A person may request, for bona fide re-
search purposes, the release of records which
pertain to a communicable disease or
communicable condition and which identify
mdi\iduiils. The request shall be in writing
and shall contain the following information:
(1) Name of organization requesting the
data;
(2) Names of principal investigators;
(3) Name of project;
(4) Purpose of project;
(5) Description of the proposed use of the
data, including protocols for contacting
patients, relatives, and ser\'ice providers;
(6) Descriptions of measures to protect the
security of the data;
(7) An assurance that the data wiU not be
used for purposes other than those de-
scribed in the protocol;
(8) An assurance that the data will be
properly disposed of upon completion
of the project; and
(9) .An assurance that the results of the
project will be provided to the custo-
dian of the records.
(b) The request for release of the records
sh;dl be granted or denied in writing based
upon the following considerations;
(1) Whether the objectives of the project
require patient indentifying informa-
tion;
(2) Whether the objective of the project can
be reached with the use of the data;
(3) Wliether the project has a reasonable
chance of answering a legitimate re-
search question;
(4) Whether the project might jeopardize
the ability of the Epidemiology Section
to obtain reports and information re-
garding communicable diseases and
communicable conditions;
(5) Whether the patient's right to privacy
would be adequately protected.
Statutory Authority G.S. 1 30 A- 143 (9).
SECTION .0200 - CONTROL MEASURES FOR
COMMUNICABLE DISEASES
.0201 SOURCE OF CONTROL MEASURES
(REPEALED)
.0202 DUTIES OF ATTENDING PHYSICIANS
(REPEALED)
.0203 DUTIES OF OTHER PERSONS
(REPEALED)
.0204 DUTIES OF LOCAL HEALTH DIRECTOR
(REPEALED)
.0205 DUTIES OF PATIENTS (REPEALED)
.0206 TRAVEL AND TRANSPORT.\TION OF
PATIENTS (REPEALED)
Statutory Authority G.S. I30A-I44.
.0208 H.ANDLING AND TRANSPORTATION
OF BODIES (REPEALED)
Statutory Authority G.S. 130A-I44.
.0209 CONTROL MEASURES
(a) Except as provided in Paragraph (d), the
specific control measures for each disease and
condition shall be those specified by the
American Public Health Association in its
publication, Control of Communicable Dis-
ease in Man. Control of Communicable Dis-
ease in Man is hereby adopted by reference in
accordance with G.S. 1 SOB- 14(c). Copies of
this publication are available from the Ameri-
can Public Health Association, Department
JE, 1015 18th Street, N.W., Washington, DC
20036. A copy is available for inspection in
the Communicable Disease Control Branch,
Cooper Memorial Health Building, 225 N.
McDowell Street, Raleigh, North Carolina
27602.
(b) In interpreting and implementing the
specific control measures adopted in (a), and
in devising control measures for communicable
diseases and conditions for which a specific
control measure is not pro\'ided by this Rule,
the foUowLng principles shall be used:
(1) control measures shall be those which
can reasonable be expected to decrease
the risk of transmission;
(2) for diseases or conditions transmitted
by the airbome route, the control
measures shall require physical isolation
for the duration of infectivity;
(3) for diseases or conditions transmitted
by the fecal-oral route, the control
measures shall require exclusions from
situations in which transmission can be
reasonably expected to occur, such as
work as a paid or voluntary' food han-
dler or attendance or work in a day care
center for the duration of infectivity;
497
NORTH CAROLINA REGISTER
PROPOSED RULES
(4) for diseases or conditions transmitted
by sexual or the blood-borne route,
control measures shall require prohibi-
tion of donation of blood, tissue, or-
gans, or semen, needle-sharing, and
sexual contact in a manner likely to re-
sult in transmission for the duration of
infectivity.
(c) Persons with congenital rubella syn-
drome, tuberculosis, and carriers of Salmonella
typhi and hepatitis B who change residence to
a different local health department jurisdiction
shall notify the local health director in both
jurisdictions.
(d) 1 he following are the control measures
for the Acquired Immune Deficiency Syn-
drome (AIDS) and Human Immunodeficiency
Virus (IIIV) infection;
(1) Infected persons shall:
(A) refrain from sexual intercourse unless
condoms are used; exercise caution
when using condoms due to possible
condom failure;
(B) never share needles or syringes;
(C) not donate or sell blood, plasma,
platelets, other blood products, semen,
tissues, organs, or breast milk;
(D) have a skin test for tuberculosis;
(E) not breastfeed;
(F) notify future sex partners of the in-
fection;
(G) if the time of initial infection is
known, prepare, on a form provided by
the division, a list of previous sex and
needle partners who would have been
exposed; if the date of initial infection
is unknown, prepare, on a form pro-
vided by the division, a list of sex and
needle partners for the previous year;
the infected person shall place the list
in an envelope, seal the envelope and
give it to the attending physician;
(2) The attending physician shall:
(A) give the control measures in (d) (1)
to infected patients, in accordance with
10 NCAC 7A .0210;
(B) obtain the list required by (d) (1) (G)
from the patient; the physician shall
sign the envelope and forward it to the
Division of Health Services; the Divi-
sion of Health Services shall retain the
list until the division has undertaken to
notify the partners; the patient may
notify the partners prior to the division
undertaking to do so;
(C) advise infected persons concerning
proper clean-up of blood and other
body fluids;
(D) advise infected persons concerning
the risk of perinatal transmission.
(3) The attending physician of a child who
is infected with HIV and who may pose
a significant threat for transmission in
the school or day care setting because
of open, oozing wounds which carmot
be adequately covered, incontinence of
urine or feces, or behavioral abnor-
malities such as biting shall notify the
local health director. The local health
director shall consuh with the attending
physician, investigate the circumstances,
and determine if such a risk exists. The
local health director may consult with
an interdisciplinary committee, which
may include appropriate school per-
sonnel and medical and epidemiologic
experts, to assist in the investigation
and determination of risk. If a signif-
icant risk of transmission exists, the lo-
cal health director shall notify the
parents of the need for an alternate
child care or educational setting and re-
quire that the school principal be noti-
fied accordingly. WTien an alternate
educational setting is required, the local
health director shall detennine if school
personnel directly involved with the
child need to be notified of the HIV
inlection in order to prevent trans-
mission. The local health director shall
determine which school personnel shall
be notified and shall ensure that these
persons are instructed regarding the ne-
cessity for protecting confidentiality.
(4) When health care workers or other
persons have had a significant nonsex-
ual exposure to blood or body fluids,
the following shall apply:
(A) When the source is known to be
HIV-infected, the exposed person shall
be notified of the source's HIV in-
fection, given control measures and of-
fered testing for HIV infection as soon
as possible after exposure and at rea-
sonable intervals up to one year to de-
termine whether transmission occurred
or not. All persons so notified shall be
instructed regarding the necessity for
protecting confidentiality.
(B) When the source is known and is in
a high prevalence group, but
HIV-infection status is unknown, the
exposure shall be discussed with the
source and permission requested for
testing for HIV infection. If permission
is granted and the test is positive for
NORTH CAROLINA REGISTER
498
PROPOSED RULES
HIV infection, the exposed person shall
be notified as provided in (4) (A).
Control measures shall be given to the
exposed person and testing shall be of-
fered as provided in (4) (A).
(C) When the source is unknown or
when the infection status of a known
source has not been determined, the
exposed person shall be given control
measures and offered testing as in (4)
(A).
(5) The attending physician shall notify the
local health director when the physi-
cian, in good faith, has reasonable cause
to suspect a patient infected with HIV
is not following or cannot follow con-
trol measures and is thereby causing a
significant risk of transmission.
(6) When the local health director is noti-
fied pursuant to Paragraph (5) of a
person who is mentally ill or mentally
retarded, the local health director shall
confer with the attending mental health
physician or appropriate mental health
authority to develop an appropriate
plan to prevent transmission.
(7) The Director of Health Services of the
North Carolina Department of Cor-
rections shall be notitied by the attend-
ing physician of an HIV-infected person
contined in a state prison. If the Di-
rector of Health Services determines
that a confined HIV-infected person is
not following or cannot follow pre-
scribed control measures, thereby pre-
senting a significant risk of HIV
transmission, the director shall develop
and implement jointly \\ith the appro-
priate pnson facility administrator a
plan to prevent transmission.
(8) The local health director shall ensure
that the health plan for local jails in-
clude education of jail staff and prison-
ers about HIV, how it is transmitted,
and how to avoid acquiring or trans-
mitting this infection.
(9) Health care workers, including emer-
gency responders, shall follow blood
and body fluid precautions with all pa-
tients.
(10) These control measures do not require
restrictions in the workplace of persons
with HIV infection except that health
care workers with HIV infection who
have secondary infections or open skin
lesions which would place patients at
risk shall not provide direct patient care.
(11) All equipment used to puncture hu-
man skin (in medical or other settings)
must be disposed of in accordance with
G.S. 90-1 13. 4A after use or sterilized
prior to reuse.
(12) Local health departments that provide
testing for HIV infection shall offer
anonymous testing with individual pre-
and post-test counseling. Counseling
shall include risk assessment, risk re-
duction guidelines, appropriate test re-
sult interpretation, and, when the
person tested is determined to be in-
fected with HIV, control measures.
(e) Notwithstanding the provisions of 10
NCAC 7A .0209 (d), when a person with HIV
infection is enroUed in a study of the efficacy
of alternative methods of notifying past sexual
and needle partners, such notification shall be
made in accordance with the study protocol if;
(1) the study protocol is approved by the
State Health Director; and
(2) the person with HIV infection fully
participates in and completes the study.
Statutory Authority G.S. I30A-144.
.0210 DUTIES OF .ATTENDING PHYSICI.ANS
Immediately upon making a diagnosis of or
reasonably suspecting a communicable disease
or communicable condition for which control
measures are provided in Rule .0209, the at-
tending physician shall instruct the patient and
any other person specified in those control
measures to carry out those control measures,
shall give sufficiently detailed instructions for
proper compliance, or shall request the local
health director to give such instruction. When
making the initial telephone report for diseases
and conditions required to be reported within
24 hours, the physician shall inform the local
health director of the control measures given.
Statutory Authority G.S. I30A-I44.
.021 1 DUTIES OF OTHER PERSONS
(a) Tfie local health director may reveal the
identity and diagnosis of a person with a re-
portable communicable disease or
communicable condition or other
communicable disease or communicable con-
dition wliich represents a significant threat to
the public health to those persons specified in
Paragraph (b) when disclosure is necessan,' to
prevent transmission in the facility or estab-
lishment for which they are responsible. The
local health director shall ensure that all per-
499
NORTH CAROLINA REGISTER
PROPOSED RULES
sons so notified are instructed regarding the
necessity for protecting confidentiality.
(b) The following persons shall require that
any person about whom they are notified pur-
suant to Paragraph (a) comply with control
measures given by the local health director to
prevent transmission in the facility or estab-
lishment:
(1) the principal of any private or public
school;
(2) employers;
(3) superintendents or directors of all public
or private institutions, hospitals, or
jails; and
(4) operators of a child day care center.
(c) Ihe provisions of Paragraphs (a) and (b)
shall not apply with regard to gonorrhea,
syphilis, chancroid, granuloma inguinale,
lymphogranuloma venereum, chlamydia, non-
gonococcal urethritis, AIDS, and HIV in-
fection. However, persons may be notified
with regard to these diseases and conditions in
accordance with 10 NCAC 7A .0209.
Statutory Authority G.S. I30A-I43. -144.
.0212 HANDLING AND TRANSPORTATION
OK BODIES
(a) It shall be the duty of the physician at-
tending any fatal case of smallpo.x. plague,
AIDS, hepatitis B, rabies, or Jakob-Creutzfeldt
disease to provide written notification to all
individuals handling such body of the proper
precautions to prevent infection resulting from
handling of the body. These precautions are
noted in (b) and (c) below.
(b) The body of a person who died from
smallpox or plague shall not be embalmed.
The body shall be enclosed in a strong, tightly
sealed outer case which will prevent leakage
or escape of odors as soon as possible after
death and before the body is removed from the
hospital room, home, building, or other
premises where the death occurred. This case
shall not be reopened except with the consent
of the local health director.
(c) Persons handling bodies of persons who
died with AIDS, hepatitis B, Jakob-Cruetzfeldt
disease, or rabies shall be provided written no-
tification to observe blood and body fluid
precautions.
Statutory Authority G.S. /30A-/44, -146.
SFXTION .0400 - IMMLNIZATION
.0401 DOSAGE AND AGE REQUIREMENTS
FOR IMMLNIZATION
(a) Ever>' child individual in North Carolina
required to be immunized pursuant to G.S.
130A-152 through BOA- 157 shaU be
immunized against the following diseases by
receiving the specified minimum doses of vac-
cines by the specified ages:
(1)
diphtheria, tetanus, and whooping
cough -- five doses: three doses by age
one year and two booster doses, one in
the second year of life and the second
on or after the fourth birthday and be-
fore enrolling in school (K-1) for the
first time;
(2)
oral pohomyelitis vaccine- -three doses
of trivalent type by age two years and a
booster dose of trivalent type on or af-
ter the fourth birthday and before en-
rolhng in school (K-1) for the first time;
or one dose of each of the three
monovalent types by age two years and
a dose of trivalent type after the fourth
birthday and before enrolling in school
(K-1) for the first time;
(3) measles (rubeola) vaccine -- one dose
of live, attenuated vaccine by age two
years;
(4) rubella vaccine -- one dose of hve, at-
tenuated vaccine by age two years;
(5) mumps vaccine--one dose of live atten-
uated vaccine by age two years.
(b) Notwithstanding the requirements of
Paragraph (a) of this Regulation:
( 1 ) A child An individual who has attained
his or her seventh birthday without
having been immunized against
whooping cough shall not be required
to be immunized with a vaccine prepa-
ration containing whooping cough
antigen;
(2) A child An individual who has been
documented by serologic testing to have
a protective antibody titer against
rubella shall not be required to receive
rubella vaccine;
A child An individual who has been di-
agnosed by a physician hcensed to
practice medicine as having measles
(rubeola) disease shall not be required
to receive measles vaccine;
An individual attending school who has
attained his or her 18th birthday shall
not be required to receive oral poho
vaccine; afi4
(5) Aft individual attending school who has
attained h» ef hw ^04* birthday shall
aet b© required te- rocoivo measl e s »f
rub e lla vaccin e . An individual bom
prior to 1957 shall not be required to
(3)
(4)
NORTH CAROLINA REGISTER
500
PROPOSED RULES
(6)
IZi
receive measles vaccine. An individual
uho has attained his or her fiftieth
birthda\ shall not be required to receive
rubella \'accine. An individual who
entered a college or university after his
or her thirtieth birthday and before
l-'ebruarv' _K 1988 shall not be required
to meet the requirement for rubella
\accine.
1 he requirements for mumps vaccine,
and for booster doses of diphtheria,
tetanus, and whooping cough vaccine
and oral poliomyelitis vaccine, shall not
apply to cliildr e n individuals who en-
rolled for the first time in the first grade
before July 1, 1987. Children Vr4*e- Fe-
CL'ivL ' A«* frftrt- buor . tur do&o »f
diphtliL ' riu, tetunuo, »fi4 whooping
cough ' l uccina eft ef aftef Ae fourth
birthday C f hall Het- h^ roquirud te hu' i O
a i . econd boo^ . t e r dos e .
Individuals who receive the first booster
dose of diphtheria, tetanus, and
whooping cough vaccine on or after the
fourth birthdav shall not be required to
have a second booster dose. Individ-
uals who receive the third dose of oral
poliomyelitis \accine on or after the
fourth birthda\ shall not be required to
receive a fourth dose.
(S) Indi\iduals attending a college or uni-
versity shall be required to have only
two doses of diphtheria-tetanus toxoid
of which one must have been vsithin the
last ten \ears.
Statutory Authority G.S. I30A-I52(c), -155.1.
.0405 MKDICAL EXEMPTIONS FROM
IMMLMZATION
A physician licensed te practice medicine tft
A<* state may exempt a child from a»¥ »f aW
requirements »f W) NdVC +A t«-W-1- if; eft *e
basis ef sound medical judgment,
immunij'.ution i* ef may W detnmental te the
child's health, te t+w e vent ef such a» e*t-
emption, tfee physician shall stat e ift wnting
Certification of a medicsJ exemption by a
physician pursuant to G.S. 130A-156 shall be
in writing and shall state the basis of the ex-
emption, the specific \accine or vaccines the
child indi\idual should not receive, and the
length of tune the exemption will apply for the
child individual.
.Statutory Authority G.S. 130A-I52(c), -156.
.0406 EXEMPTION FOR CLINICAL STL DIES
A child An individual enrolled in a clinical
trial of the efficacy of a new vaccine prepara-
tion or dosage schedule shall be exempted
from those requirements of 10 NCAC 7A
.0401 and .0402 which conflict with the trial
protocol. This exemption shall only apply to
children individuals who:
(1) participate m a clinical trial whose pro-
tocol is approved by the State Health Di-
rector, and
(2) fully participate in and complete the
clinical trial.
Statutory Authority G.S. 1 30A- 152(c).
SECTION .0500 - PURCHASE AND
DISTRIBUTION OF VACCINE
.0502 DISTRIBUTION OF VACCINE
(REPEALED)
Authority S.L. 1986. c. JOOS, s. 2.
.0503 VACCINE FOR MEDICALLY INDIGENT
P.ATIENTS
(b) Private physicians and health care pro-
viders shall be eligible to receive free vaccines
from the department only if they annually sign
an agreement with a local health department
ser\ing their practice area. This agreement wiU
be prepared by the Immunization Program
and will require the physicians and health care
providers to administer such vaccines only to
eligible patients, to submit monthly vaccine
reports on a form prepared by the
Immunization Program by the fifth day of
each month, to report adverse vaccine re-
actions through the Federal Monitoring Sys-
tem for Adverse Events Following
Immunization (MSAEFI), to obtain a signed
Important Information Statement for each
dose of vaccine administered and to retain the
signed portion for a period of ten years fol-
lowing the end of the calendar year in which
the form was signed, or for ten years following
the recipient's age of majority, whichever is
longer, and upon request, furnish copies of the
signed portion to the above health department
or the Centers for Disease Control, Depart-
ment of Health and Human Services, to keep
a record of the vaccine manufacturer, lot
number, and date of administration for each
dose of \accine administered, to allow periodic
inspection of their vaccine supplies and records
by the Immunization Program, and to comply
with the rules of this Section.
Authority S.L. I9S6. C.
J30A-/52.
JOOS. s. 2; G.S.
501
NORTH CAROLINA REGISTER
PROPOSED RULES
SLBCHAPTKR 7D - TUBERCULOSIS
CONTROL
SECTION .0200 - REPORTING OF
TUBERCULOSIS CASES
.0206 LABORATORY REPORTS
(a) North Carolina laboratories shall report
positive tuberculosis test information as re-
quired by G.S. 130A-139 within seven days
after recognition. These reports shall be made
on the Laborator>' Report of Positive AFB
(Smear) or Mycobacterium Tuberculosis Cul-
ture Form. This form is available from and
must be submitted to the head, Tuberculosis
Control Branch, P.O. Box 2091, Raleigh, N.C.
27602.
Statutory Authority G.S. I30A-I39, -141.
SUBCHAPTER 7E - VENEREAL DISEASE
CONTROL
SECTION .0400 - REPORTING
.0401 CASE REPORTS
(a) The local health department shall
promptly report all cases of venereal disease in
accordance with this Section.
(b) Case reports of early syphilis (primary,
secondan', and early latent under one year's
duration) shaU be reported by telephone to the
V.D. S.T.D. branch regional office. The
V.D. S. l.D. branch regional supervisor shall
complete and forward the communicable dis-
ease report card, DHS Form No. 2124 (fe^
44,09) to the Raleigh office.
(c) Case reports of latent and late syphilis
shaU be forwarded to the V.D. S.T.D. branch
regional office on a weekly basis by means of
the communicable disease report card, DHS
Form No. 2124. (f«vr 11 . 79).
(d) Case reports for publicly treated cases of
gonorrhea, nongonococcal urethritis and labo-
ratory confirmed chlam\dial infection ouL i cu
shall be made on DHS Form No. 1508 and
forwarded to the V.D. S.T.D. branch regional
office at least weekly. Privately treated cases
shall be reported by means of the
communicable disease report card, DHS Form
2124.
f») Cas t* reports fof privutoly troatod
g onorrhoa cases shall b» mad e eft DHS Form
N^ ^4^ (fe¥T 11/79), aft4 ehaU be mailod
wooldy t» the V.D. branch r e gional offico.
(f> (ej Reports for nonspocifio ur e thritis pub-
licly or privately treated chancroid, granuloma
inguinale, and lymphogranuloma venereum
cases shall be made on DHS Form No. 2124
(rev. 11/79), and mailed weekly to the V.D.
S.T.D. branch regional office.
Statutory Authority G.S. I30A-I4I, -160.
.0402 PRIVATE LABORATORY REPORT
(a) DHS Form No. 1393 (Laboratory Re-
port of Reactive Tests for Syphilis) shall be
submitted on the first and fifteenth of each
month to the local health department by all
laboratories in North Carolina performing
serologic or other tests for syphilis. The local
health department shall immediately notify the
V.D. S.T.D. branch regional office of the
following priority reactors so that
epidemiologic follow-up can begin:
(1) All prenatal serologics regardless of age,
titer, or previous record of treatment;
(2) /Vll reactive serologies on persons
twenty-five years of age and under and
with no record of previous treatment;
(3) All reactive serologies of 1:8 dilutions
or greater on persons twenty-five to fifty
years of age and no record of previous
treatment;
(4) All reactive serologies with no age
stated.
(b) It is the responsibility of local health de-
partments to follow all persons with reactive
serologies not included in (a) of this Rule and
to report the results to the V^ft- S.T.D.
branch regional office.
(c) All positive darkfield examinations for
syphilis shall be reported immediately by tele-
phone to the Division of Health Services.
(d) Reports of urethral smears for Gram-
negative intracellular diplococci or any culture
positive for Neisseria gonorrhoeae shall be
submitted to the division on the first and fif-
teenth of each month and include the follow-
ing information:
( 1) Patient s name, age,
race, and sex.
(2) Submitting physician's name, address,
telephone number and the date the
specimen was collected. Computer
printouts containing the above infor-
mation are acceptable.
Statutory Authority G.S. I30A-139, -141. -160.
.0403 SCREENING REPORT
local health departments that participate in
the gonorrhea culture screening program shall
submit DHS Form No. 2572 (rev. 3/79) to the
V.D. S.T.D. branch regional office.
Statutory Authority G.S. 1 30 A- 160.
NORTH CAROLINA REGISTER
502
PROPOSED RULES
CHAPTER 9 - HEALTH: LABORATORY
SLIBCHAPLER 9D - CERTH ICATION AND
IMPROXEMENT
SI C HON .01(10 - I ABORAIORY
CERin l( ATION
.0104 CERTIFICATION FOR LABOR.UORIES
CONDI CIING Hl\ TESTING
(a) Laboratories conducting HIV serologic
testing shall be certified in accordance with this
Rule. The requirements for certification are
as follows:
( 1 ) All laboratories, except the State Public
Health Laborator\\ shall be licensed
under the Clinical Laboratory Im-
provement Act (CLI.'\), accredited by
the College of American Pathologists
(CAP I, .Vmerican Association of Blood
Banks (.-VABB), or the Joint Commis-
sion on the Accreditation of Hospitals
(JCAII), certified by the Health Care
Financing Administration (HCFA) for
Medicare or .Medicaid, or accredited by
a comparable program approved by the
Director, State Public Health Labora-
tors'.
(2) I aboratories shall participate in a peri-
odic proficiency testing program oper-
ated jointl) by .V.ABB and CAP or in
a comparable periodic proficiency test-
ing progrsim with comparable standards
of acceptable performance approved by
the Director, State Public Health Lab-
oratoPv". Laboratories shall demon-
strate an acceptable level of proficiency
according to the standards of the testing
program.
(3) HIV antibody screening test results shall
not be issued as final until all initially
reactive tests ha\e been repeated at least
once, and all repeatedly reactive tests
have been confirmed by the Western
Blot method or a method approved by
the Director, State Public Health Lab-
orators'. The results of both screening
and confirmatoPv' tests shall be trans-
mitted to the ordering physician.
(4) Laboratories shall perform HIV
serologic tests only on specimens sub-
mitted by a physician licensed to prac-
tice medicine.
(b) /\n application for certification shall be
submitted to the Depailment of Human Re-
sources listing the name and location of the
laboratory' requesting certification, the name
of the laboratory' director, and e\'idence that
the laboratory meets the requirements listed in
Paragraph (a). I aboratories will be notified in
writing within 45 days of the receipt of the
apphcation that they have been certified or, if
certification has been denied, of the reasons for
denial.
(c) Certification must be renewed when li-
censing, accreditation or certification renewal
is required by the program that has accredited
the laboratory pursuant to Paragraph (a). If a
laboratory's license, accreditation or certil-
ication from one of these programs is sus-
pended or revoked, the laboratory director
shall immediately notify the department and
the laboratory's certification under this Rule
shall be revoked in accordance with G.S.
130A-23. Certification may otherwise be sus-
pended or re\oked in accordance with G.S.
130A-23 for violation of this Rule or for re-
peatedly issuing erroneous test results. The
laboratory may apply for recertification when
it can provide evidence that it meets the re-
quirements listed in Paragraph (a)-(c).
(d) Appeals concerning the interpretation
and enforcem.ent of this Rule shall be made in
accordance with G.S. 150B.
(e) Laboratories conducting HIV serologic
testing may be certified under this Rule upon
the Rule's effective date. However, these lab-
oratories are not required to be certified until
July 1, 1988.
Statutory^ Authority G.S. I30A-I48(a}.
CILVPTER 10 - HEALTH SERMCES:
ENVIRONMENTAL HEALTH
SI BCHAPIER lOA - S.\NITATION
SECTION .0200 -SANIT.VTION OF
RESIDENTIAL CARE FACILITIES
.0201 DEFINITIONS
The following defmitions shall apply
throughout this Section:
( 1 ) "Rooidontiul eafe fuoility" moans a» »*-
tablichmont. includmg » family fo - jt e r
homL * . providing food tt«4 lodging facili
ti«i eft » 34 hour basif . fof »»*■ more than
44 reoidontf . . cxcluf f iv e »f r . taff, b«t- ohaU
Be+ mean a private * hom e ef » bQiirding
Bf rooming houL i n?. "Residential care fa-
cilit . '' means an establishment pro\'iding
room or board and for which a license or
certificate of paNment must be obtained
from the Department of Human Re-
sources. However^ the tenn shall not in-
clude
child dav care facilitv or an
50i
NORTH CAROLINA REGISTER
PROPOSED RULES
institution as defined in J_0 NCAC lOA
.1300.
Statutory Authority G.S. I30A-235.
SECTION .0300 - SANITATION OF LODGING
PLACES
.0302 PERMITS
(d) Violation ef any- &f thtT . e rulos chall b»
outTiciunt oaun e fef rovoldng the pormit. Re-
ooipt »f » sanitation rating ef fes* than W fH*f-
CL ' nt , »f Grade Gr shall make revocation ef
pennit mandator/. rM» pormit te oporato shall
fee roiosuod until tfee ootabliohni e nt kas boon
roinopocted hf a roprosontatis e »f Ae Depart
mont ©f Human Rof . ouroos aft4 found t»
comply wrtfe thor . e rules. A permit shall be
immediately revoked in accordance with G.S.
BOA- 23(d) for failure of the facihtv to main-
tain a mmimum grade of Q A permit may
othensise be suspended or revoked in accord-
ance with 130A-23. A new permit to operate
shall be issued only after the establishment has
been resurveyed by a sanitarian and found to
comply with this Section. Ihis resun,'ev will
be conducted within a reasonable length of
time after the request is made by the operator.
Statuiorv Authoritv G.S. B0A-24S.
SECTION .0400 - SANIT.UION OF
RESTAURANTS AND OTHER
FOODIIANDLING ESTABLISHMENTS
.0444 PERMITS
(e) A permit shall be immediately revoked in
accordance with Cj.S. 130A-23(d) for failure of
the facility to maintain a minimum grade of
C. A permit may otherwise be suspended or
revoked in accordance with 130.A.-23. A pw^
Fftit- shall fe>e revoked fo* failure »f tl» facility
to maintain a minimum grad e ef G7 aft4 a
pormit fHav be revoked f&f failure te- comply
IT n t V^ t t-> . t .- •■ 4 t~> .-n- «-> g- ."H ■ -t L- «."»»-> .- 1 -V T * 1-1 ^ J-l t 1 . 1 .^ lllii^lC^ r~, «->
tTTTTT lll\J W 1 1 l\Jl y.'l\J ^ l Jl \JllJ KJx \.ll.\. I LI 1 ^,' J TTTTCTC CTTT
imminent health hazard may exist. j>^ A new
permit to operate shall be reissued until issued
only after the establishment has been resur-
veyed by a sanitarian and found to comply
with this Section. This resurvey will be con-
ducted within a reasonable length of time after
the request is made by the operator.
(e) A pormit shall fee revoked fof failure te
maintain a minimum grade ef G7 aft4 a permit
f»ay fe» revoked fof failure to comply wkfe A©
other provisions ef tfe» rules whoro aft immi
nont health hoaard may exist. Ne pormit to
operate shall fee reicouod until (fee e stablish
ment fea* boon roinspootod fey a r e presentative
ef tfee Dopartment »f Human P^esources aft4
found to comply with those Ruloo. A permit
shall be immediately revoked in accordance
with aS_ 130A-23(d) for failure of tjie facility
to maintain a minimum grade of C. A permit
may otherwise be suspended or revoked in ac-
cordance with 130A-23. A new permit to op-
erate shall be issued only after the
establishment has been surveyed by a sanita-
rian and found to comply with this Section.
This resurvey wiU be conducted within a rea-
sonable length of time after the request is made
by the operator.
Statutory Authority G.S. I30A-228.
SECTION .1000 - SANITATION OF SUMMER
CAMPS
.1004 PERMITS
(c) Violation »f tfe» Section shall fee suffici e nt
cause fof revoking tfee permit. P>.eceipt ef a
sanitation rating e+' less than -TO percent, ef
Grad e Gr shall malce revocation »f pormit
mandatory . rve- permit to operate shall fee re-
issued until the summer oamp has boon rein
speot e d fey a sanitarian aft4 found to comply
with tfei* S e ction. A permit shall be imme-
diately revoked in accordance with G.S.
130A-23(d) for failure of the facility to main-
tain a minimum grade of Q A permit may
otherwise be suspended or revoked in accord-
ance with 130A-23. A new permit to operate
shaU be issued only after the establishment has
been surveyed bv a sanitarian and found to
comply with this Section. This resur\'ey will
be conducted withm a reasonable length of
time after the request is made by the operator.
Statutory Authority G.S. 130A-248.
SECTION .1300 - SANITATION OF
HOSPITALS: NURSING AND REST HOMES:
SANITARIUMS: SANATORIUMS:
EDUCATIONAL AND OTHER INSTITUTIONS
Statutory Authority G.S. I30A-248.
SECTION .0500 - SANITATION OF MEAT
MARKETS
.0502 PERMITS
.1301 DEFINITIONS
The following definitions shall apply
throughout this Section in the interpretation
and enforcement of this Section:
(1) "Institution" includes the following aft4
similar establishments providing room or
NORTH CAROLINA REGISTER
504
PROPOSED RULES
board and for which a hcense or certificate
of payment must be obtained from the
Department of Human Resources, other
than those operated exclusively by the
State of North Carolina:
(a) hospital, as defmed in G.S. 130 170
13IF.-76 including doctors' chnic with
food preparation facilities;
(b) nursing home, as defmed in G.S.
IJO 0(j')(2); 131E-101;
(c) sanitarium, sanatorium, and any similar
estabUshment, other than hospital and
nursing home, for the recuperation and
treatment of 13 or more persons suffer-
ing from physical or mental disorders;
(d) rest home, pro\iding custodial care on
a 24-hour basis for 13 or more persons,
including homes for the aged;
(e) orphanage, children's home or any sim-
ilar estabhshment providing care on a
24-hour basis for 13 or more children;
(f) educational institution, providmg dor-
mitor\' or similar living quarters and
meals in whole or in part to students,
faculty, or others in attendance, includ-
ing boarding schools and colleges;
fg^ rcr i idL ' ntial t«fe facility, as defined vpt A<»
Sanitutio ft ««4 Other A ' jpect ' j »f R e si
dentiul Gi*w hucilitier . . -W > . CAC 44^
.1)200.
However, the term shall not include a child
day care facility or a residential care facility
as defmed in 10 NCAC lOA .0200.
Statuioiy Authority G.S. 1 30 A- 235.
SECTION .2200 - SAM lA HON OF BED AND
UREAKFAST HOMES
.2202 PERMITS
(e) A permit > : . hal] W re' i oked when a rKinitu
t+»» score »f li**s than 70 percent »f 1<*** than
Grade G i<» received, e* a ' ■■ iolation trf a«y ef
Ae rukv i trf t+tis Section oKists ' ■ ' ■ 'hich causeo a»
imminent hui'.ard. ^V» ftew permit te- operate
veyed V>y a sanitarian afni found te- comply
with A» Section. This ; iup .e y w+H- be con
ducted within a reasonable l e ngth »f time after
the request » made by t+i# homo. A permit
shall be immediately revoked in accordance
with Cj.S. 130A-23(d) for failure of the facil ity
to maintain a minimum grade of Q A permit
may otherwise be suspended or re\'okcd in ac-
cordance with 130A-23. A new pennit to op-
erate shall be issued only after the
establishment has been surveyed by a sanita-
rian and found to comph' with this Section.
This resurvey will be conducted within a rea-
sonable length of time after the request is made
by the operator.
Statutory Authority G.S. J30A-250.
****************
1\ otice is hereby given in accordance with G.S.
I SOB- 1 2 that the Division of Health Services
intends to amend regulations cited as 10 NCAC
8A .1102 and .1/03.
J he proposed effective date of this action is
April I, 1988.
1 he public hearing will be conducted at 1:30
p.m. on December 22, 1987 at Cooper Memo-
rial Health Building, Sixth Floor Board Room,
225 N. McDowell Street, Raleigh, North Caro-
lina.
y^omment Procedures: Any person may re-
quest information or copies of the proposed
rules by writing or calling John P. Barkley,
Agency Legal Specialist. Division of Health
Semces, P.O. Box 2091. Raleigh, North Caro-
lina 27602-2091, (919) 733-3131. Written
comments on these subjects may be sent to Mr.
Barkley at the above address. Written and oral
(for no more than ten minutes) comments on
these subjects may be presented at the hearing.
Notice should be given to Mr. Barkley at least
three days prior to the hearing if you desire to
speak.
CHAPTER 8 - HEALTH: PERSONAL HEALTH
SUBCHAPTER 8A - CHRONIC DISEASE
SECTION .1 100 - MEDICATION ASSISTANCE
PROGRAM FOR THE DISABLED
.1102 CLIENT ELIGIBILITY
(a) To be eligible for fmancial assistance
from the \IAPD, a person shall:
(3) Not have an average gross monthly in-
come in excess of eight hundred aft4
oovonty five dollars ($875.00); nine
hundred and sc\'entcen dollars
(f917.00);
Authority: S.L. 1985,
1987, c. 738, s. 91.
c. 791, s. 19(a); S.L.
.1 103 FINANCIAL ASSIST.ANCE PAYMENTS
505
NORTH CAROLINA REGISTER
PROPOSED RULES
/ K 1 rr.-..- tK^ i\w-c-i t-i V w-r\ r-xntX^f j-i f TT \^ tf ^ Q^ / lull r
\\Jj T^T^T IT ^J 1 LI iJT ctI^T TT^^T^^T^^W ^^T 1 1 \J ~j \J\j \J\Xi.T
4t 44>^ through Dgcombor ^4^ 1985), p e rsons
eligibl e fof bonorits wili receive a» amount
vshich » equal te Ae ostimatod monthly mod
ication ee** »f forty dollaro ($10.00) pef
month, whichever » lessr In the absence of a
physician's verification of the medication pre-
scribed, the program will pay a benefit of no
more than one hundred dollars ($100.00) per
month to eligible persons. In order to receive
a benefit of more than one hundred dollars
($100.00) per month, a physician's verification
must be provided to the program.
(«| At t4ie beginning »f the second si*
months ef 4^ 85 86 (January ^r 4^^^ through
Juno ^ l'^86), a review »f the eligibility »f
poroono receiving bonofits wiii be mado aft4 tfee
benefit formula modified ae may be requir e d
to onsuro pavmonto t» ati ehgiblo chento
through J^fie iOy 4484r
Authority: S.L. J 985,
1987, c. 738, s. 91.
c. 791, s. 19(a); S.L.
•k'k-k-k'k-k-k'k'k-k-k'kic-k'k-k
lyotice is hereby given in accordance with G.S.
1 508- 12 that the Division of .Medical Assistance
intends to amend the regulation cited as 10
NCAC 26 D .0012 and adopt the regulation
cited as 10 NCAC 26G .0107.
J he proposed effectr\'e date of this action is
April I, 1988.
1 he public hearing will be conducted at 1:30
p.m. on December 16, 1987 at North Carolina
Division of Medical Assistance, 1985 Umstead
Drive, Room 201, Raleigh, NC 27603.
y^omment Procedures: Written comments
concerning this amendment must be submitted
by December 16, 1987 to: Director, Division of
Medical Assistance, 1985 Umstead Dri\'e, Ra-
leigh, NC 27603. Oral comments may be pre-
sented at the hearing. In addition, a fiscal
impact statement on these rules are available
upon written request from the same address.
CHAPTER 26 - MEDICAL SERVICES
SUBCHAPTER 26D - LIIVIITATIONS ON
AMOLNT: DLRATION: AND SCOPE
.0012 TIME LIMITATION
(a) To receive payment, claims must be filed:
(1) Within 365 days of the fifst date of ser-
vice for services other than inpatient
hospital, home health or nursing home
services;
(2) Within 365 days of the date of discharge
for inpatient hospital services and the
last date of service in the month for
home health and nursing home services
Bf not to exceed the limitations as spe-
cified in 42 C.F.R. 447.45;
(3) Within 9© J80 days of the Medicare or
other third party payor.
(b) Providers must file adjustments no later
than +80 day* \% months after date of payment
or adjustments will not be made.
Authority G.S. l08A-25(b); 42 C.F.R. 447.45.
SUBCHAPTER 26G - PROGRAM INTEGRITY
SECTION .0100 - GENERAL
.0107 RECORD RETENTION
All Title XIX providers shall keep and main-
tain all Medicaid fmancial, medical, or other
records necessar>' to fuUy disclose the nature
and extent of services furnished to Medicaid
recipients and claimed for reimbursement.
These records shall be retained for a period of
not less than five years from the date of service,
unless a longer retention period is required by
applicable federal or state law, regulations or
agreements.
Authority G.S. 108A-25(b); 108A-54;
108A-63; W8A-64; 42 CFR Part 455.
TITLE 15 DEPARTMENT OF NATURAL
RESOURCES AND COMMUNITY
DEVELOPMENT
lyotice is hereby given in accordance with G.S.
150B-12 that the Environmental Management
Commission intends to amend regulation cited
as 15 NCAC 2B .0311.
Th
he proposed effective date of this action is
June 1, 1988.
1 he public hearing will be conducted at 7:30
p.m. on December 16, 1987 at Carrboro Town
Hall, Town of Canboro. 301 West Main Street,
Carrboro, North Carolina.
K^omment Procedures: All persons interested
in this matter are invited to attend. Comments,
statements, data, and other information may be
NORTH CAROLINA REGISTER
506
PROPOSED RULES
submitted in writing prior to, during, or within
thirty (30) days after the hearing or may be
presented orally at the hearing. Oral statements
may be limited at the discretion of the hearing
officer. Submittal of written copies of oral
statements is encouraged.
CHAPTER 2 - ENMRONMENTAL
MANAGEMENT
SLBCHAPTER 2B - SL RFACE WATER
STANDARDS: MONITORING
SECTION .0300 - ASSIGNMENT OF STREAM
CLASSIFICATIONS
.031 1 CAPE FEAR RIN ER BASIN
(b) The Cape Fear Ri%er Basin Schedule of
Classification and Water Quality Standards
was amended effective;
(1) March 1, 1977;
(2) December 13, 1979;
December 14, 1980;
August 9, 19S1;
April 1, 1982;
December 1, 1983;
(3)
(4)
(3)
(6)
(7) January- 1. 1985;
(8)
(9)
(10)
(11)
(12)
Au2ust 1. 1985;
December 1, 1985;
FebruarA- 1, 1986;
Julv 1, 19S7;
October 1, 1987;
June 1. 1988.
(c) The Schedule of Classifications and Wa-
ter Quality Standards for the Cape Fear River
Basin has been amended etYecti\;e June T [988
as follows:
Lit
Cane Creek [Index No. 16-21-(1)| from
source to a point 0.5 mile north of N C.
II w\-. 54 (Cane Reservoir Dam) in-
cluding the Cane Creek Reservoir and
all tnbutanes has been reclassified from
Class WS-III to WS-I
iZl
Morgan Creek [Index No. 16-41-2-(l)l
to the l.niversitv I ake dam includmg
L'ni\ersitv Lake and all tnbutanes has
been reclassitied from Class WS-III to
WS-I.
Statutory .Authority G.S. 1 43-2 1 4. 1: 143-21 5.1;
143-215. 3{aj (I j.
-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k
No
otice is hereby given in accordance with G.S.
150B-I2 that the Environmental Management
Commission intends to amend regulation cited
as 15 XCAC 2B .0315.
1 he proposed effective date of this action is
July I, 1988.
1 he public hearing will be conducted at 7:30
p.m. on January 13, 1988 at Wake Forest
Town Hall, Town of Wake Forest, 401 East
Elm Street, Wake Forest, North Carolina
27587.
y^ omment Procedures: A 11 persons interested
in this matter are imited to attend. Comments,
statements, data, and other information may be
submitted in writing prior to, during, or within
30 days after the hearing or may be presented
orally at the hearing. Oral statements may be
limited at the discretion of the hearing officer.
Submittal of written copies of oral statements
is encouraged.
.0315 NELSE RIVER B.\SIN
(b) The Neuse River Basin Schedule of
Classification and Water Quality Standards
was amended effective:
(1) March 1, 1977;
(2) December 13, 1979;
(3) September 14, 1980;
(4) August 9, 1981;
(5) Januan- 1, 1982;
(6) Apnl 1, 1982;
(7) December 1, 1983;
(8) Januar>- 1, 1985;
(9) August 1, 1985;
(10) Februar\- 1, 1986;
(11) Julv 1, l"988.
(c) The Schedule of Classifications and Wa-
ter Qualitv Standards for the Neuse River Ba-
sm has been amended effective Julv j_^ 1988 as
follows:
(1) Smith Creek (Index No. 27-23-(l)| from
source to the dam at Wake Forest Res-
ervoir has been reclassified from Class
WS-III to WS-I.
[22 Little River [Index No. 27-57-(l)] from
source to the N.C. Hw> . 97 Bndge near
/ebulon including all tributaries has
been reclassified from Class WS-Ill to
WS-I.
(3) An unnamed tributar\' to Buffalo Creek
just upstream of Robertson's Pond in
Wake (\Tunt\ from source to Buffalo
Creek including Leo's Pond has been
reclassified from Class C to R
Statutory- Authority G.S. 143-214.1; 143-215.1:
143-21 5.3 (a) (1).
•kkkkkkkkkkkkkkkk
507
NORTH CAROLINA REGISTER
PROPOSED RULES
1\ otice is hereby given in accordance with G.S.
I50B-I2 that the North Carolina Department
of Natural Resources and Community Develop-
ment intends to adopt regulation cited as 15
NCAC 2F .0301.
I he proposed effectbi'c date of this action is
April I. /9SS.
I he public hearing will be conducted at 7:00
p.m. on January 7. 1 988 at Orange County
Courthouse. 106 E. Margaret Lane, Hillsbor-
ough, Sorlh Carolina 27278.
\^ ommenl Procedures: All persons interested
in this matter are itwiicd to attend. Comments,
statements, and other information may be sub-
mitted in writing prior to the hearing, or may
be presented orally at the hearing. Oral state-
ments mav be limited at the discretion of the
hearing officer. Submittal of written copies of
oral statements is encouraged. Contact Mi-
chael Douglas or Tamara Whisnant at 5/2 A'.
Salisbury ^Street. Raleigh. NC 276/1 (9/9)
733-4064 for additional information.
SLBCHAP IKR 2K CAP AC I 1^ I SK AREA
WATKK WiniDRAWAL
SECTION .0300
CAI'ACn V I SE AREA
NO. 2
.0301 DECEARAIION AND DELINEATION
OF CAPACITY I SE AREA NO. 2
The Bn\ironmcntal Management Commis-
sion declares and delineates the foUowing de-
scribed geograpliical area a capacity use area:
Beginning at a point where the line of con-
fluence of the Little River and the lino River
strikes the east bank; thence from said point
of beginning in a southerly direction along a
slight ridge 0.6 mile to Ilamlm Road (SR
1634), said point being 0.75 mile west of the
intersection of SR 1634 and SR 1635; thence
southwestward along HamUn Road 2.0 miles
to Old 0.\ford Road"(SR 1004); thence south-
westward along Old O.xlbrd Road 1 .4 miles to
Roxboro Road (US 501 Business); thence
northwestward along Roxboro Road 0.6 mile
to (."arver Street (SR 1407); thence westward
along Carver Street 3.5 miles to Rose of
Sharon Road (SR 1404); thence southward
along Rose of Sharon Road 0.15 mile to Cole
Mill Road (SR 1401); thence southeastward
along Cole Mill Road 0.2 mile to Berini Drive;
thence westward along Bcnni Drive 0.8 mile
to .Marshall Way; thence westward along the
ridge 0.75 mile cross country across 1-85 to the
junction of Hillsborough Road (US 70) and
Sparger Road (SR 1400); thence westward
along Hillsborough Road 0.4 mile to Highway
NC 751; thence southward along NC 751 ap-
proximately 0.9 mile to a point where the ridge
crosses NC 751; thence westward along the
ridge across Couch .Mountain 1.7 miles to a
point where the ridge crosses SR 1716, said
point bemg 0.3 mile north of the intersection
of SR 1716 and SR 1841; thence in a generally
westward direction along SR 1716 approxi-
mately 0.4 mile to the intersection of Mt.
Hermon Church Road (SR 1713) and Murphy
School Road (a continuation of SR 1716);
thence southwestward along Murphy School
Road 1.25 miles to Brockwell Road (SR
1720); thence westward along Brockwell Road
0.45 mile to University Station Road (SR
1712); thence westward 0.3 mile along a trail,
which is a continuation of Brockwell Road, to
the junction of Pine Hill Road and Cool
Spring Road; thence westward along Pine Hill
Road 0.1 mile to (jtcen Hill Road; thence in
a generally westward direction along the ridge
1.6 miles cross country to NC 86 at the New
Hope Cemetery; thence northwestward along
NC 86 approximately 1.2 miles to the junction
of a pri\ate road; thence in a generally west-
ward direction along the ridge 1.3 miles cross
country to the junction of Davis Road (SR
1129) and Old 86 Road (SR 1009); thence in
a generally westward direction along the ridge
3.4 miles, running somewhat parallel to and
south of Davis Road, to the intersection of
Davis Road, Orange Grove Road (SR 1006),
and Tree Farm Road (SR 1199); thence nor-
theastward along Orange Grove Road 0.35
mile to a power line; thence westward along
the power Line 2.2 miles to a point where the
power line cros.ses Borland Road (SR 1126),
said point being 0.46 mile southeast of the in-
tersection of SR 1126 and Chestnut Ridge
Crhurch Road (SR 1125); thence northwest-
ward along Borland Road 0.46 mile to Chest-
nut Ridge Church Road; thence northward
along Chestnut Ridge Church Road 0.4 miJe
to the point of intersection of said road with
the ridge and a farm road to the east; thence
generally northwestward with the ridge 1.9
miles to a point where the ridee crosses Mt.
Willing Road (SR 1120), said point being 0.35
mile northeast of the intersection of SR 1120
and Buckhom Road (SR 1114); thence west-
ward along .Mt. Willing Road 0.35 mile to
Buckhom Road; thence northward along
Buckhom Road 3.25 miles to Frazier Road
NORTH CAROLINA REGISTER
508
^
PROPOSED RULES
(SR 1310) to include a pond on the west side
of Buckhom Road, said pond being 0.5 mile
north of the intersection of SR II 14 and SR
1 120; thence generally northeast along Frazier
Road 1.3 miles to an unimproved farm road
to the west; thence northward along the ridge
0.65 mile to a point where the ridge crosses
Lebanon Road (SR 1306), said point being
0.25 mile west of the intersection of SR 1306
and SR 1310; thence eastward along the ridge
0.25 mile to a point where the ridge crosses
I razier Road (which at that location is SR
1342), said point being 0.13 mile north of the
intersection of SR 1342 and SR 1306; thence
northeastward along the ridge 0.7 mile to a
pomt where the ridge touches Ira Road (SR
1341), said point being 0.5 mile north of the
mterscction of SR 1341 and SR 1306; thence
northeastward along Ira Road 0.55 mile to
Higli Rock Road (SR 1340); thence nor-
thwestward along High Rock Road 0.9 mile to
the intersection of the ridge and an unim-
proved road to the north; thence northward
along said unimproved road which follows the
ridge 1.5 miles to a point where the road in-
tersects Harmony Church Road (SR 1341),
said point being 0.4 mile southwest of the in-
tersection of SR 1341 and SR 1343; thence
northward along the ridge 0.6 mile to a point
where the ridge touches Mill Creek Road (SR
1343), said point being 0.5 mile northeast of
the intersection of SR 1343 and SR 1341;
thence northeastward along Mill Creek Road
0.4 mile to Governor Scott Road (SR I35I);
thence northwestward along the ridge 1 . 1 miles
to the intersection of Poteat Road (SR 1349)
and Lonesome Road (SR 1350); thence
northward along the ridge 1.2 miles to a point
where the ridge crosses Carr Store Road (SR
1004). said point being southeast 0.2 mile from
the intersection of SR 1004 and SR 1 36 1;
thence northward along the ridge to a point
where the ndge touches Fenecost Road (SR
1361), said point being 0.25 mile north of the
intersection of SR 136! and SR 1004; thence
northward along the ridge generally following
Pcnecost Road 1.3 miles to Doc Corbett Road
(SR 1370); thence northward along the ridge
1.3 miles to the intersection of Highway NC
49 and McCuUougli Road (SR 1317); thence
eastward along McCullough Road 0.35 rrule to
Fenecost Road (SR 1361); thence northward
along Fenecost Road 0.25 mile to a point
where the ridge leaves the road; thence gener-
ally northeast along the ridge 0.85 mile to a
point where the ridge touches NC 86 and an
unimproved road to the east; said point being
0.55 mile northwest of the intersection of NC
86 and SR 1371; thence southeastward along
NC 86 approximately 1.2 miles to a point
where the ridge leaves NC 86 in a northeasterly
direction, said point being 0.2 mile southeast
of the intersection of NC 86 and Efland-Cedar
Grove Road (SR 1357); thence northeastward
along an unimproved road 0.4 mile to Allison
Road (SR 1501); thence northward along Al-
lison Road 0.08 mile to an unimproved road
to the east; thence eastward along the ridge 0.9
mile to a point where the ridge crosses Hurdle
Mills Road (SR 1504), said point being 0.1
mile south of the intersection of SR 1504 and
SR 1503; thence eastward along the ridge to a
point where the ndge touches Caviness Jordan
Road (SR 1506), said point bemg 0.35 mile
south of the intersection of SR 1506 and SR
1 577; thence southward along Caviness Jordan
Road 0.4 rrdle; thence southwestward along
the ridge line to a point where the ridge crosses
Hawkins Road (SR 1508), said point being
0.15 mile west of the junction of SR 1508 and
SR 1506; thence eastward along Hawkins
Road 0.2 mile to Caviness Jordan Road;
thence southward along said road 0.5 mile to
Olin Road (SR 1546); thence southeastward
along Olin Road 0.3 mile to an unimproved
road to the south; thence southward along the
ridge 0.6 mile to the intersection of NC 86 and
an unimproved road to the east, said point
being 0.45 mile southeast of the intersection
of NC 86 and SR 1353; thence southeastward
along NC 86 approximately 4.2 miles to the
point of intersection of NC 86 and an unim-
proved road to the east, said point being north
of Jones Grove Church, with the exception of
a pond west of NC 86 approximately I rrdle
south of the intersection of NC 86 and Sawmill
Road (SR 1545); thence generally eastward
along the ridge 1.5 miles to a point where the
ridge intersects Fhelps Road (SR 1551), said
point being 1.25 mUes east of the intersection
of SR 1551 and NC 86; thence along Fhelps
Road 1.3 miles to the intersection of NC 57;
thence generally southeastward along the ridge
1.15 miles to a point where the ridge crosses
Miller Road (SR 1554), said point being 0.4
mile south of the intersection of SR 1554 and
SR 1553; thence generaUy eastward along the
ridge to a point where the ridge crosses New
Sharon Church Road (SR 1538) at the inter-
section of Walker Road (SR 1553); thence
northeastward along New Sharon Church
Road 2.2 rrules to the intersection of SR 1538
and Schley Road (SR 1548); thence generally
southeastward along the ridge 1.7 miles to a
point where the ridge touches Lipscomb Grove
Church Road (SR 1574) at Lipscomb Grove
509
NORTH CAROLINA REGISTER
PROPOSED RULES
Church, said point being 0.7 mile east of the
intersection of SR 1574 and SR 1548; thence
generally northeastward along the ridge 0.95
mile to a point where the ridge crosses Terry
Road (SR 1573), said point being 0.7 mile
north of the intersection of SR 1573 and SR
1002; thence southward along SR 1573 ap-
proximately 1.3 miles to the Orange and Dur-
ham County line; thence southward along the
county line 0.6 mile to Ebenezer Church Road
(SR 1452); thence eastward along SR 1452
approximately 0.1 mile to Bivins Road (SR
1453); thence southeastward along Bivins
Road 0.5 mile to a power line; thence nor-
theastward along the power line 0.35 mile to a
point where the ridge crosses under the power
Une; thence eastward along the ridge 0.75 mile
to a point where the ridge crosses Russell
Road (SR 1451), said point being 1.3 miles
southwest of the intersection of SR 1451 and
SR 1003; thence northeastward along RusseU
Road 1.3 miles to Guess Road (SR 1003);
thence southeastward along Guess Road 0.7
mile to Milton Road (SR 1456); thence
southeastward along MOton Road 1.8 miles to
Massey Road (SR 1458), to include two ponds
on the east side of Milton Road 0.5 mile
southeast of the intersection of Milton Road
and Ajidover Road (SR 1581); thence eastward
along Massey Road 0.2 mile to Ro.\boro Road
(US 501); thence southward along Roxboro
Road 0.1 mile to Goodwm Road '(SR 1640);
thence eastward along Cioodwin Road 0.5 mile
to Crestview Drive (SR 1700); thence south-
ward along Crestview Drive 0. 1 mile to a point
where the ridge crosses Crestview Drive;
thence eastward along the ridge 1.5 miles to the
intersection of Goodwin Road and Infinity
Road (SR 1639); thence southeastward along
Infinity Road 0.3 mile to a point where the
ridge crosses said road; thence generally
southeastward along the ridge 0.8 mile to a
point where the ridge crosses Snow IliU Road
(SR 1631), said point being 0.3 mile north of
the intersection of SR 1631 and SR 1004;
thence southeast along the ridge 0.15 mile to a
point where the ridge crosses Old O.xford Road
(SR 1004), said point being 0.15 mile north of
the intersection of SR 1004 and SR 1631;
thence eastward along the ridge 1.0 mile to a
point where the line of confluence touches the
west bank of the l:no River; thence along the
line of confluence to the point of beginning.
Statutory Authoritv G.S. 143-215.13 through
143-215.22.
■k-k^-k-k-k-k-kk-k-k^-k-k-k-k
lyotice is hereby given in accordance with G.S.
I50B-I2 that the Coastal Management intends
to amend regulation cited as 15 NCAC 7H
.0503.
I he proposed effective date of this action is
March J, 1988.
1 he public hearing will be conducted at 10:00
a.m. on December 17, 1987 at Marine Fisheries
Building, 341 1 Arendell Street, Morehead City,
NC.
(comment Procedures: All persons interested
in these matters are invited to attend the public
hearing. The Coastal Resources Commission
will receive written comments up to the date of
the hearing. Any person desiring to present
lengthy comments is requested to submit a
written statement for inclusion in the record of
proceedings at the public hearing. Additional
information concerning the hearing or the pro-
posals may be obtained by contacting Portia
Rochelle, Division of Coastal Management, P.
O. Box 27687, Raleigh, NC 27611-7687, (919)
733-2293.
CHAP! ER 7 - COASTAL MANAGEMENT
SL'BCIIAPTER 7H -STATE GUIDELINES
FOR AREAS OF ENVIRONMENTAL
CONCERN
SECTION .0500 - NATURAL AND CULTURAL
RESOURCE AREAS
.0503 NOMINATION AND DESIGNATION
PROCEDURES
(f) F'ubhc Hearing. If, after receiving the
detailed review, the CRC decides to consider
formal designation of the site as an AEC and
adopt the particular management plan and/or
use standards developed, a public hearing or
hearings shall be conducted and notice of
hearing published and distributed in accord-
ance with the requirements of G.S. 1 13A-1 15
and G.S. 150B-12. wt^ b# hi-14, within 4» daw
^J^^^; ti^^ I U f j-^ 1-^ J-' ■ f 1 i-^ «-t 1 f\ ll^ji r^ r^i t i^-t\ r t n x i tVi i ^t-»
HI 1 1- I 1 1 lU ' — ' I \ \ ' U L^J I UIV/ 1 1 ^ III 1 1 i\J ^^T^TTTTT III TT I CIT.' 1 1
A© site i* locat e d. Notic e ef afty nuch hearing
shall h^ given He* l^^ss than M day* b e for e th»
date e4 f . uoh hearing. The notice shall state
t4*at- copies ef Ae site description afi4 ef afty
rules proposed te implement ih» designation
af© availabl e fof public inspection at- the
county courthouse ef A4* affect e d county aft4
at- y*e Roleigli Office ©f the DCM. At- tbie
hearing, Ae CRC shall present tlw scientific
NORTH CAROLINA REGISTER
510
PROPOSED RULES
documontution a«4 gonoral (itatomont ' j m 6«p-
p*«=t ef Ae dL'oignation dc ' cir i ion. iVny p e roon
»f aftv propo ' jod rules Hwty de s» at A« public
h e anng &f may oubmit writton oomm t' ntfi te
y%^ CRC within M d*v& foUo' . ving tfe« public
heanng. Copies of the site description and of
any proposed Rules shall be made available for
public inspection at the county courthouse in
each affected county and at the Raleigh Office
of the Dnision of Coastal Management. At
the hearing(s) the ("RC shall present the doc-
umentation and recommendations in support
of the designation decision.
(g) Formal Designation. Mter consideration
of all comments, the commission will make its
final judgment. If the site is designed desig-
nated as an AEC, CRC will also adopt a
management strategy or use standards applica-
ble to the .AEC. Dof . ignation i* by Htler aft4
vrtH b* L'tTocti' i O tfee fe4 day e4' thi* oooond
month foUo' i ' i inc CRC d e signation.
Statutory Authority G.S. I ISA- 107 (a), (b);
IIjA-IIJi bj(4ej through (bj{4hl.
J\ otice is hereby gi\-en in accordance with G.S.
I SOB- 1 2 that the SRCD - Division of Commu-
nity Assistance intends to adopt regulatiotu
cited as IS \'CAC 130 .0101 - .0104: .0201 -
.0202; .0301 - .0304; .0401 - .0403; .OSOl -
.0S03; .0601 - .060S; .0701 - .0"04.
1 he proposed effective date of this action is
.March I, I9SS.
1 he public hearing will be conducted at the
following times and locations: 10:00 a.m. on
December 16, 1987 at Beaufort County Com-
munity College, US 264 E., Washington. AC;
7:00 p.m. on December 16, 1987 at Personnel
Development Center, 101 E. Peace Street, Ra-
leigh, -VC; 3:00 p.m. on December 17, 1987 at
Catawba Valley Technical College, US 64-70,
Hickofy, .VC
\^ omment Procedures: Written comments
may be submitted to: Chandler Bryan, Dhision
of Community Assistance, P. O. Bo.x 27687,
Raleigh. SC 27611-7687.
CHAPTER 13 - Dl\ ISION OF COMMLMTY
ASSIST.\NCE
SLBCHAPTER 130 - EMERGENCY SHELTER
GRANTS PROGRAM ADMINISTRATIVE
RULES
SECTION .0100 - GENERAL PROVISIONS
.0101 PURPOSE AND OBJECTIVES
The purpose of the North Carolina Emer-
gency Shelter Grants Program (hereinafter re-
ferred to as "ESGP") is to assist families and
individuals who are homeless primarily due to
their economic circumstances. Consistent
with this purpose, ESGP funds will assist local
governments in impro\mg the quality and
a\ailabiiity of emergency shelters and ser\'ices
for the homeless m their community.
Authority G.S. 143-323; 143B-276; P.
100-77; 24 CER S7S.
L.
.0102 DEFINITIONS
The following terms shall apply to the rules
of this Subchapter:
(1) "Act" means the Stewart B. McKmney
Homeless Assistance Act, P.L. 100-77, as
amended.
(2) "AppUcant" means a local go\'emment
which makes an appUcation pursuant to
the provisions of this Subchapter.
(3) "Chief Elected Official" means either the
elected .Mayor of a City or the Chairman
of a County Board of Commissioners.
(4) "ESGP" means the state-administered
Emergency Shelter Grants Program.
(5) "Local Government" means any unit of
general city or county government in the
state.
(6) "NRCD" means the North Carolina
Department of Natural Resources and
Community Development.
(7) "Obligated" means that the recipient or
subrecipient, as appropriate, has placed
orders, awarded contracts, or entered sim-
ilar transactions that require payment
from the grant amount.
(8) "Recipient" means a local government
that has been awarded an ESGP grant and
has executed a Grant Agreement with
NRCD.
(9) "Secretary" means the Secretary of the
Department of Natural Resources and
Community Development or his designee.
(10) "Shelter" means an individual faciHty
whose purpose is to assist homeless per-
sons through activities funded under this
Subchapter.
(11) "State" means the state of North Caro-
lina.
511
NORTH CAROLINA REGISTER
PROPOSED RULES
Authority G.S. 143-323; 24 CFR 575.3; PL.
J 00-77.
.0103 WAIVERS
The Secretary may waive any requirements
of this Subchapter not required by law when-
ever he determines that undue hardship to ap-
plicants, recipients or beneficiaries will result
from applying the requirements and where ap-
plication of the requirements would adversely
affect the purposes of the Act.
Authority G.S. 143-323; PL. 100-77; 24 CFR
575.
.0104 ELIGIBLE APPLICANTS
Eligible applicants are all local governments.
Authority G.S. 143-323; 24 CFR 575.23.
SECTION .0200 - EIICIBLE AND INELIGIBLE
ACTIVITIES
.0201 ELIGIBLE ACTIVITIES
This Subchapter, in accordance with G.S.
150B- 14(c), adopts by reference as eligible ac-
tivities those activities described as such in the
Act and in 24 CFR 575.21(a), as amended.
Copies of these sections of federal law and re-
gulation are available for public distribution
from the Division of Community Assistance
of NRCD.
Authority G.S. 143-323; I50B-14; 24 CFR
575.2L
.0202 INELIGIBLE ACTIVITIES
This Subchapter, in accordance with G.S.
150B- 14(c), adopts by reference as ineligible
activities those activities described as such in
the Act and m 24 CFR 575.21(b), as amended.
Copies of these sections of federal law and re-
gulation are available for public distribution
from the Division of Conrniunity Assistance
of NRCD.
Authority G.S. 143-323; I50B-I4: 24 CFR
575.2L
SECTION .0300 - DISTRIBUTION OF FUNDS
.0301 APPLICATION REQUIREMENTS
(a) local governments are required to sub-
mit applications in a manner prescribed by
NRCD in order to be considered for funding.
Selection of applications for funding will be
based primarily on information contained in
the application, thus apphcations must provide
sufficient information for NRCD to evaluate
them.
(b) Applicants may apply for more than one
grant and be awarded more than one grant,
providing the total amount of funds awarded
to a single shelter does not exceed the maxi-
mum limits described in Sections .0400 and
.0500 of this Subchapter.
(c) NRCD shall designate specific dates for
submission of ESGP grant apphcations.
Grant appUcation submission dates will be
announced by NRCD a minimum of 20 days
before the date applications are due.
(d) Apphcations must be received by NRCD
administrative offices in Raleigh before 5:00
p.m. on the submission date or, if sent by mail,
must be postmarked on the submission date.
(e) The appUcant shall certify to NRCD that
it will comply with all applicable federal and
state laws, regulations, rules and executive or-
ders.
(1) Copies of these federal and state docu-
ments are available for pubUc distrib-
ution from the Division of Community
Assistance of NRCD.
(2) Notwithstanding the provisions of Par-
agraph (d) above, certifications of com-
pliance may be submitted up to two
weeks after the date the application is
due. This provision applies only to
certifications.
(f) Apphcants must comply with the Act, all
applicable federal and state laws, regulations,
rules, executive orders and guidelines issued by
NRCD.
Authority G.S. 143-323; 24 CFR 575.61.
.0302 SIZE OF GRANTS
Grants are applied for and awarded in two
categories: Operations/Services and Rehabili-
tation.
(I) Operations/Services. The maximum
amount which may be appUed for and
awarded in the Operations/Services cate-
gor>' depends on the size of the shelter on
whose behalf the apphcation is made.
Shelter size shall be determined by over-
night lodging capacity. Maximum awards
per shelter are:
(a) Ten thousand doUars ($10,000) for a
sheher with a capacity of ten or fewer
persons per night;
(b) Twenty thousand doUars ($20,000) for
a shelter with a capacity from II to 20
persons per night;
NOR TH CA R OLINA R EG IS TER
512
PROPOSED RULES
(c) Forty thousand dollars ($40,000) for a
shelter with a capacity of 21 or more
persons per night.
(2) Rehabilitation. The maximum grant
amount per shelter which may be applied
for or awarded in the Rehabihtation Cat-
egory is thirty-five thousand dollars
($35,000).
(3) The minimum grant which may be ap-
plied for or awarded in either of the above
categories is one thousand fi\e hundred
dollars ($1,500),
(4) Notwithstanding the provisions of Para-
graphs (a) and (b) above, NRCD reser\'es
the right to fund applications for less than
the requested amount in the event that the
total amount of funds requested exceeds
the total amount of funds available; in this
event, NRCD may consider local needs
and shelter resources. NRCD also re-
serves the right to award grants exceeding
the above limits if the total amount of
funds requested is less than the total
amount of funds available.
Authori!}' G.S. 143-323: 24 CFR 575.
.0.^03 DISTRIBL TION OF FUNDS
A minimum of 30 percent of ESGP funds
available will be awarded in each of the two
categories: Operations Services and Rehabili-
tation.
Authority G.S. 143-323; 24 CFR 575.
.0304 REALLOCATION
.\nv HSCjP funds recaptured bv NRCD, as
provided for m Rule .0704 and Rule .0605 of
this Subchapter, may be distributed to grant
recipients in a manner to be prescribed by
NRCD.
Authority G.S. 143-323: 24 CFR 575.41.
SECTION .0400 - OPERATIONS/SERVICES
CATEGORY
.0401 DEFINITION
This Section, in accordance with G.S.
15()B- 14(c), adopts by reference as
Operations,'Scr\'iccs Category activities those
activities described in 24 CFR 575.21(a)(2) and
(3), as amended.
Authority G.S. 143-323: 24 CFR 575.21.
(1) All funds received will be expended
within 1 80 days of the date of the grant
award;
(2) Funds used for the provision of essential
services:
(a) Total 15 percent or less of the entire
Operations/ Services grant amount;
(b) Are used to provide either a new service
or a quantifiable increase in the level of
service;
(3) Matching resources required by the fed-
eral government wiU be available during
the period of the grant;
(4) Each shelter assisted with ESGP
Operations/Services funds wUl remain in
existence as a shelter for a period of at
least three years from the date of occu-
pancy as a shelter or from the date of the
erant award, whichever is later, or longer
if Rule .0502(c)(2) of this Subchapter ap-
plies;
(5) The federal restrictions on the use of
federal funds by primarily religious organ-
izations wiU be met. These include re-
strictions against religious discrimination
and proselytizing.
Applications that do not meet these require-
ments will not be rated or funded.
Authority G.S. 143-323: 24 CFR 575.
.0403 SELECTION CRITERIA
(a) Applications will be selected for funding
by NRCD based on overall project quality,
geographic distribution of applicants, and the
availability of ESGP funds.
(b) Project quality will be determined by
NRCD based on the following factors:
(1) Benefits of proposed activities to
homeless persons, including type and
number of both current and new bene-
ficiaries;
(2) Feasibility of the proposed activities,
including:
(A) Lxjcal resources for sheltering the
homeless;
(B) Local commitment to continue the
program to be assisted with ESGP
Funds.
Authority G.S. 143-323: 24 CFR 575.
SECTION .0500 - REHABILITATION
CATEGORY
.0402 ELIGIBILITY REQLIRE.MENTS
Applications for Operations; Services funds
must show that:
.0501 DEFINITION
This Section, in accordance with G.S.
150B- 14(c), adopts by reference as Rehabih-
513
NORTH CAROLINA REGISTER
PROPOSED RULES
tation Category activities those activities de-
scribed in 24 CI-R 575.21(a)(1), as amended.
These include renovation, major rehabilitation,
or conversion of a shelter.
Authority G.S. 143-323; 24 CFR 575.2/.
.0502 F.I.IGIBILH Y REQUIREMENTS
Applications for Rehabilitation funds must
show that:
(1) Matching resources required by the fed-
eral government will be available during
the period of the grant;
(2) All funds will be obligated within 180
days of the date of the grant award and
expended within 360 days of the date of
the grant award;
(3) Federal requirements for continuation of
service will be met. These include:
(a) Shelters renovated with ESGP funds
shall remain in existence as shelters for
three years after initial date of occu-
pancy as a shelter or the date of the
grant award, wliichever is later;
(b) Shelters on which major rehabihtation
or conversion is undertaken with ESGP
funds shall remain m use as shelters for
ten >ears after initial occupancy as a
shelter or the date of the grant award,
wliichever is later;
(4) The federal restrictions on the use of
federal funds by primarily religious organ-
izations will be met. These include re-
strictions on religious discrimination and
proselvtizing;
(5) No building to be assisted with ESGP
funds is owned by a primarily religious
organization; and
(6) The giantee will comply with all apph-
cablc state and federal laws, regulations,
and guidelines pertaining to the use of
federal funds in rehabilitation activities.
Applications that do not meet these require-
ments wiU not be rated or funded.
Authority G.S. 143-323; 24 CFR 575.33.
.0503 SELECTION CRITERIA
(a) Applications will be selected for funding
by NRCD based on overall project quality,
geographic distribution of applicants, and the
availability of ESGP funds.
(b) Project quality will be determined by
NRCD based on the following factors:
(1) Benefits of proposed activities to
homeless persons, including type and
number of both current and new bene-
ficiaries;
(2) Eeasibility of the proposed activities,
including:
(A) Local resources for sheltering the
homeless;
(B) Local commitment to continue the
program to be assisted with ESGP
Funds.
Authority G.S. 143-323; 24 CFR 575.
SECTION .0600 - GRANT ADMINISTRATION
.0601 GRANT AGREEMENT
(a) Upon approval of the application by
NRCD, a written grant agreement will be exe-
cuted between the recipient and NRCD. The
Rules in this Subchapter, subsequent guide-
lines prepared by NRCD, the approved apph-
cation, and any subsequent amendments to the
approved application shall become a part of
the grant agreement.
(b) ITie grant agreement in its original form
and all modifications thereto shall be kept on
file in the office of the recipient in accordance
with Rule .0604 of this Section.
(c) ESGP Program amendments. Recipients
shall request prior NRCD approval for all
amendments to the grant agreement when:
(1) The recipient proposes to change the
approved project budget amount for
any of the three types of ehgible activ-
ities as described in 24 CFR 575.21(a).
(2) The recipient proposes to distribute all
or part of their grant(s) to programs,
shelters, or agencies other than those
originally approved in the apphcation.
(d) NRCD reserves the right to disallow any
proposed amendment to the grant agreement.
Authority G.S. 143-323; 24 CFR 575.61.
.0602 METHOD OF .ADMINISTRATION
(a) Recipients may delegate to authorized
subrecipients the responsibility of undertaking
or carrying out ESGP activities pursuant to 24
CFR 57573 and 24 CFR 575.23. All entities
so designated under this Subparagraph by re-
cipients to undertake or carry out ESGP ac-
ti\ities pursuant to this Subchapter shall be
considered subrecipients.
(b) NRCD shall make payments of ESGP
funds to recipients on a cost-reimbursement
or cost-incurred basis. ^'Vll requests for pay-
ment shall be for amounts of not less than one
thousand five hundred dollars ($1,500).
(c) All payments of ESGP funds to recipients
must be for costs incurred during the period
of the grant. Recipients will not receive pay-
NORTH CAROLINA REGLSTER
514
PROPOSED RULES
mcnt for costs incurred before the execution
of the Grant Agreement.
Authority G.S. 143-323; 24 CFR 575.
.0603 PROPERTY MANAGEMENT
STANDARDS
(a) Property acquired with ESGP grant
funds shall be used to provide benefits to the
homeless.
(b) Recipients and subrecipients should use
proceeds from the disposition of property ac-
quired with ESGP funds in a manner which
provides benefit to the homeless in their com-
munity.
Authority G.S. 143-323; 24 CFR 575.61.
.0604 RECORDKEEPING
(a) NRCD, or any of NRCD's duly author-
ized representatives, shall have access to all
books, accounts, records, reports, files, and
other papers or property of recipients or their
subrecipients and contractors pertaining to
funds provided under this Subchapter for the
purpose of making sur\'eys, audits, examina-
tions, excerpts and transcripts.
(b) Financial records, supporting documents
and all other reports and records required un-
der this Subchapter, and all other records per-
tinent to the ESGP Program shall be retained
by the recipient for a period of at least three
years from the date of the closeout of the pro-
gram, except:
(1) Records documenting compliance with
24 CFR 575.53 shaU be kept for the
period of comphance;
(2) Records shall be retained until all liti-
gations, claims, or audit findings in-
volving the records have been resolved.
(c) All records shall be sufficient to deter-
mine compliance with the requirements and
primary- objectives of the ESGP Program and
all other apphcable laws and regulations. .-Ml
accounting records shall be supported by
source documentation.
.Authority G.S. 143-323; 24 CFR 575.67.
.0605 GRANT CLOSEOL TS
ESGP grants will be closed out by NRCD in
the following circumstances:
(1) NRCD will mitiate closeout procedures
after NRCD determines, in consultation
with the recipient, that there are no im-
pediments to closeout and that all ESGP
funds ha\e been expended.
(2) Termination of grant for mutual con-
venience. Grant assistance provided un-
der this Subchapter may be cancelled, in
whole or in part, by NRCD or the recipi-
ent, prior to the completion of the ap-
proved ESGP Program, when both
parties agree that the continuation of the
program no longer is feasible or would not
produce beneficial results commensurate
with the further expenditure of funds.
(3) Termination for cause. The Secretary
may terminate the recipient's entire grant,
or the remaining balance thereof, in ac-
cordance with Rule .0704 of this Sub-
chapter.
Authority
575.61.
G.S. 143-323; 159-34; 24 CFR
SECTION .0700 - COMPLE\NCE AND
REPORTING REQUIREMENTS
.0701 COMPLIANCE
Recipients shall have responsibility for en-
suring that ESGP funds are expended as stated
in their grant agreement and in conlbrmance
with all apphcable federal and state laws, reg-
ulations, and guidelines, regardless of whether
activities are carried out by the recipient or a
subrecipient. NRCD may prescribe procedures
for ensuring comphance with the provisions
of this Rule.
Authority G.S. 143-323; 24 CFR 575.61.
.0702 REPORTING
(a) NRCD may require recipients to provide
an interim performance report in a form pre-
scribed by NRCD. Recipients will be notified
a minimum of 20 days before the report will
be due.
(b) The recipient shall submit an Annual
Performance Report to NRCD as part of
closeout procedures. For grants not closed
out, recipients shall submit an annual per-
formance report no later than 270 days after
the date that NRCD makes the grant available
to the recipient. The annual performance re-
port shall be in a form prescribed by NRCD.
Authority G.S. 143-323; 24 CFR 575.65.
.0703 MONITORING BY NRCD
(a) The secretary may evaluate activities
conducted under this Subchapter and their ef-
fectiveness in meeting the objectives of the
ESGP program.
(b) The secretar}' may conduct such evalu-
ations using NRCD personnel, or by contract
515
NORTH CAROLINA REGISTER
PROPOSED RULES
or other arrangement with public or private
agencies.
Authority G.S. / 43-323; 24 CFR 575.69.
.0704 REMEDIES
When the secretary determines on the basis
of a review of a recipient's performance that
the objectives of an ESGP program described
in the grant agreement have not been met,
NRCD may take one or more of the following
actions as appropriate:
(1) Issue a warning letter that further failure
to comply with such requirements will
result in a more serious sanction;
(2) Condition a future grant;
(3) Direct the recipient to stop the incurring
of costs with grant amounts;
(4) Require that some or all of the grant
amounts be remitted to NRCD;
(5) Reduce the level of funds the recipient
would otherwise be entitled to receive; or
(6) lilect not to provide future grant funds
to the recipient until appropriate actions
are taken to ensure compliance.
Authority G.S. 143-323; 24 CFR 575.69.
TITLE 21 - OCCUPATIONAL LICENSLSG
BOARDS
lyotice is hereby given in accordance with G.S.
I50B-I2 that the State Board of Certified Pub-
lic Accountant Examiners intends to adopt and
amend regulations cited as 21 SCAC 8A .0105;
8F .0103; .0401; 8G .0110: .0201; .0202; .0203;
.0208; .0209; .0210; .0211; .0212; .0403;
.0404; 8H .0001 and 8J .0002.
1 he proposed effective date of this action is
April I, 1988.
1 he public hearing will be conducted at 9:00
a. m. on January 6, 1988 at N.C. State Board
of CPA Examiners, 1 101 Oberlin Rd., Suite
104, Raleigh, NC 27605.
K^omment Procedures: Any person interested
in these rules may present oral comments rele-
vant to the action proposed at the public tide-
making hearing or deliver written comments to
the board office not later than noon on January
6, 1988. Anyone planning to attend the hearing
should notify the Executive Director at the
board offices by noon Wednesday, December
30, 1987, whether they wish to speak on the
proposal and whether they will speak in favor
of the proposal or against it. Oral presentations
will be limited to 10 minutes per speaker per
rule.
CHAPTER 8 - BOARD OF CERTIFIED
PLBLIC ACCOUNTANT EXAMINERS
SLBCHAPTER 8A - DEPARTMENTAL RULES
SECTION .0100 - ORGANIZATIONAL RULES
.0105 PURPOSES AND RESPONSIBILITIES
The purpoDos afi4 responoibilitioo »f the
North Carolina Stato Board ef C e rtifiod Public
Accountant Examin e ro are te- carry »«+ Ae
poworo a«4 dutioG onumoratod ift North Caro
lift* Gonaral Statute Chapter 93 13, O^B- aft4
(a) The North Carolina State Board of Cer-
tified Public Accountant Examiners is an in-
dependent state agency, unlike the N.C.
Association of CPAs. The state board is an
occupational licensing board and is authorized
by Chapter 93 of the N. C. General Statutes.
(b) The board has these primary responsi-
bilities:
( 1) to grant CPA certificates to those who
have met legal requirements including
age, citizenship, education, experience
and good moral character;
to register CPA firms:
to annually renew CPA certificates and
01
firm registrations;
to administer the
semi-annual CPA
(5) to administer the CPE compUance pro-
(61
Examination;
gram;
to adopt rules of professional ethics and
conduct to be observed by CPAs in this
state;
tzi
(81
i£l
to conduct administrative hearings with
respect to state statutes and board rules;
and
to administer other provisions of G.S.
03.
The board is composed of five persons
who are CPAs and two persons who are not
CPAs who represent the public at large. The
board's staff includes an executive director who
is a CPA, a deputy director, other fuU-time
staff members and several part-time assistants,
(d) In North Carolina anyone can practice
public accountancy by paying a minimal priv-
ilege license fee. However, anyone not licensed
by the North Carolina Board of Examiners is
restricted to only the title "accountant". Even
though a person is a CPA in another state and
holds a position in such fields as industry, go-
vcmment or education, a North Carolina cer-
NORTH CAROLINA REGISTER
516
PROPOSED RULES
tificate issued hv the board must be obtained
in order to use the ('PA title while in this state.
Statutory Authority G.S. 93-/2.
SUBCHAPTER 8F - REQUIREMENTS FOR
CERTIFIED I'UBUIC ACCOUNTANT
EXAMINATION AND CERTIFICATE
APPLICANTS
SECTION .0100 - GENERAL PROVISIONS
.0103 FILING OF EXAMINATION
APPLICATIONS AND FEES
(a) The board shall announce the time and
place for holding each examination at least 60
days prior to the date thereof; and all applica-
tions for examinations must be made to the
board, accompanied by a check for the amount
of the examination fee and made payable to
the North Carolina State Board of Certified
Public Accountant Examiners. If a check fails
to clear the bank, the application shall be
deemed incomplete and returned.
(b) Such applications shall be postmarked
with proper postage not later than the last day
of Februar>' for the spring examination, and
not later than the last day of August for the fall
examination, unless one of those dates falls on
a weekend or federal holiday, in which case the
application must be postmarked or received in
the board office on the ne.xt business day.
Only U.S. Postal Ser\'ice cancellations will be
considered as the postmarks.
fe^ Applicantf f fof initial examination wiU he
rL'quirod to r . ubmit oflicial lranL . cnpt; i from
th e ir ■i chooli . a«4 oxporionco aftidcu i itQ (-tf Fe-
quirod fof qualifying te- b« oxamin e d) wrtb
their applications e* base them ftle4 hy- tfee
datu ' j t.et- e+rt ift Paragraph fb^ »f tfe* Rule.
(c) The initial application filed to take the
examination must include supporting doc-
umentation demonstratmg all legal require-
ments have been met such as:
( 1 ) minimum legal age,
(2) I'nited States citizenship,
(3) residency or dc^micilan' in North Caro-
uith a notarized affidavit of intention to be^
come a U.S. citizen.
lii
i21
(Jll
States
Una.
education,
experience, if required for qualifying to
be examined, and
good moral character.
.\n\ person bom outside the L'nited
must furnish to the board ollicc evi-
dence of citizenship; resident alien status; or
other bona tide e\ idcnce the applicant is legally
allowed to remain in the United States for the
purposes of becoming a I .S. citizen, along
(e) Oflicial transcripts, originals (not photo-
copies) signed by the college registrar and
bearing the college seal are required to prove
education and degree requirements. A letter
from the academic dean of the school mav be
filed to document the requirements being met;
howe\er, no examination .grades will be re-
leased until an official transcnpt is filed con-
firming the rnformation supplied m the
academic dean's letter. All applicants submit-
ting transcripts from foreign schools for con-
sideration of degree and or of meeting
accountancy course requirements must have
had the transcript(s) evaluated by a board ap-
proved educational evaluation service. Appli-
cants are to read their transcripts to determine
if thev contain all the necessary required infor-
mation.
(f) ]f experience is required for qualification
to be examined, aftidavits on forms supplied
by the board must be prepared and si.gned by
employers.
f4^ (g} Three cortificatono certifications of
good moral character signed by persons, not
related by blood or marriage, acceptable to the
board shall be submitted by the dates set out
in Paragraph (b) of tliis Rule.
fe-^ [h| All applications for reexamination
must mclude three new certificates of moral
character, which shall be signed by persons
acceptable to the board. No additional state-
ments and affidavits regarding experience and
education will be required.
(i) An applicant shall include as part of the
appHcation a statement of explanation and a
certified copy of court or license records if ap-
plicant has:
( 1) been
con\ictcd or found guilty or
pleaded nolo contendere to any felon v,
or to any other criminal offense of
which an essential element is dishon-
12)
(Jl
estv, deceit, or fraud;
violated Federal or state tax law;
committed any act or conduct discred-
itable to the accountancy profession in
violation of the Rules of Professional
Conduct for Certified Public Account-
ants; or
(4) had an application for any license denied
or been disciplined by any state or
federal agency.
(j2 Two recent photographs are required
(nonnalh' taken within the last six months).
I'he photograph should be of the applicant
alone. 2x2 inches in size, with an image siz.e
from bottom of chin to top of head (includmg
517
NORTH CAROLINA REGISTER
PROPOSED RULES
hair) of between \_ and 1-3/8 inches. Pictures
should he "Passport" quality and able to
withstand a mounting temperature of 225 de-
grees l^ahrcnheit. They may be in black and
white or color. Snapshots and most vending
machine prints are unacceptable. Applicants
shall write their name on the back of their
photos.
(k) If an applicant's name has legally
changed and is different from the name on any
transcripts or other documents supplied to the
hoard, then the applicant shall furnish copies
of documents legally authorizing the name
change.
Statutoo' Authority G.S. 93-12(3); 93-12(4);
93-/2(5).
SECTION .0400 - EXPERIENCE
.0401 GENERAL EXPERIENCE
REQUIREMENTS
(a) G.S. 93-12(5) lists experience requirements
required of all applicants for a CPA certificate.
21 NCAC 8F .0402 indicates the experience
that is required prior to applying to take the
CPA examination. 21 NCAC 8F .0409 de-
scribes acceptable teaching experience. Super-
vision in North ('arolina under the direct
supervision of a CPA will be counted only for
the period of time that the super\'isor was on
active status.
(b) A masters or more advanced degree i»
accounting, ta* letw-; ocononiic!) e* buoinoGD
adminiutrution from aft aucruditod coUogo ©f
uni' i X'ri i ity as pro' i idu'd m 3+ NCAC r^
.0302(o) fftay be oubt . tilutod fof »«© year ©f the
e xporit'noL ' requirement c . pooifiod tft ^ NCAC
^ .01(11(1). Xe oth e r dogrooo may be used
as a 'l ubiititutui i substitute for the experience
requirement as provided by G.S. 93-12(5).
fe) The board w^ acoopt 1,600 houro »f
part timo e xporiiinco w^orkod ift a period wt-
oooding 4-3 monthii as Ae cqui' i alont te- »fte
totalo less thaft 1 .600 houro wtil eet- be ae-
coptod by the board. A poroon working less
than ^ houro pef week ohall be d ee m e d te- be
woriiing part tim e . Tt. ' mporar>' omploymont
(Ix^^xLX J^^^^iij^ 1 1 •.-» «-!.- 1 «-i n i ^ Vi j"i 1 1 re- ii f «-»-t .-. ^ji r^/-\f 11 t f-t ,-« I .-
unrXTT rTTCTTTT II l.'l IVllICL, TT^T 1 1 \^f 1_1 1 L.) Vf k lll\Jl\J 1 'VI TT^^^Tv
afi4 shall be counted » Mh
(4) (c) Supervision shall mean having juris-
diction (i.e. oversight authority) over the pro-
cess of planning, coordinating, guiding,
inspecting, controlling, and/or evaluating on a
continuing basis the activities and accomplish-
ments of the employees under his or her com-
mand; having the power of direction and
decision in implementing activities to meet the
objectives of his or her stewardship; having
authority delegated by higher management to
hire, transfer, suspend, recall, promote, assign,
or discharge an employee under his or her
charge or to recommend such action through
the proper administrative chain of command.
Direct supervision shall mean the person su-
pervised is next below in the usual line of au-
thority or is in a staff position reporting to the
supervisor. Direct supervision also means a
clear-cut personal cormection to the employee
being supervised, marked by a first-hand asso-
ciation without an intervening position of in-
fluence
(d) Fmployment of less than 35 hours per
week shall be deemed to be working part-time.
I-.mplovment of 35 hours or more per week
(including temporary employment) shall be
counted in full.
(c) One thousand six hundred hours of
part-time experience worked in a period ex-
ceeding 12 months is equivalent to one year
of experience. The 1,600 hours shall not in-
clude hours paid for sick leave, vacation leave,
attending continuing education courses or
other time not directly performing accounting
(f) I'hirty-five hours of part-time experience
under the direct supervision of a CPA shall
count as one week of full-time experience.
One week of full-time experience shall count
as 35 hours of part-time experience. However,
in no event shall any combination of experi-
ence exceed 40 hours per week.
Statuloty Authority G.S. 93-/2(3); 93-/2(5).
SLBCIIAPTER 8G - PROFESSIONAL ETHICS
AND CONDLCT
SECTION .0100 - GENERAL PROVISION
.01 10 INELIGIBILITY DUE TO VIOLATION
OF ACCOUNTANCY ACT
/Vny person who has engaged in conduct
which the board determined constitutes a vio-
lation of the North Carolina Accountancy Act,
General Statutes Chapter 93 or the rules of
professional conduct established by the board,
shall may not be eligible to take the Certified
Public Accountant Examination or receive the
North Carolina certificate of qualification as a
certified public accountant.
Statutory Authority G.S. 93-/2(5). (9).
SECTION .0200 - RESPONSIBILITIES TO
CLIENTS AND COLLEAGUES
NORTH CAROLINA REGISTER
518
PROPOSED RULES
.0201 Al DITING STANDARDS
(b) The Statements on Auditing Standards
issued by the American Institute of Certified
Public Accountants are hereby adopted by re-
ference, as provided by G.S. 1508- 14(c), a*
timend> * d through D e combor i^ 1986 and shall
be considered generally accepted auditing
standards for the purposes of 21 NCAC 8G
.0201(a).
Statutory! Authority G.S. 55B-I2; 93-/2(9).
.0202 ACCOUNTING PRINCIPLES
(c) The Statements of Financial Accounting
Standards, together with those Accounting
Research Bulletins and Accounting Principles
Board Opinions which are not superseded by
action of the Financial Accounting Standards
Board, are hereby adopted by reference, as
provided bv G.S. 150B-14(c). as amcndod
through Docombor 44-r 1Q!;16 and shall be con-
sidered generally accepted accounting princi-
ples for the purposes of 21 NCAC 8G
.0202(a).
Statutory .Authority G.S. 55B-/2: 93-12(9).
.0203 FORECASTS
(c) The Statements on Standards for .-Vc-
countants' Services on Prospective Financial
Information issued by the American Institute
of Certified Public Accountants are adopted
by reference, as pro\ided by G.S. 15()B-14(c),
a* amondod througli Decombor ^ 19^6 and
shall be considered as the approved standards
for services on prospective iinancial informa-
tion for the purposes of 21 NCAC 8G
.0203(b).
Statutory Authority G.S. 55B-/2; 93-12(9).
.0208 ACCOUNTING AND REVIEW
SERVICES STANDARDS
(b) The Statements on Standards for Ac-
counting and Review Services issued by the
/Vmerican Institute of Certified Public Ac-
countants are hereby adopted by reference, as
pro\ided bv G.S. 150B- 14(c). a* amended
through Decombor ^ 19 ^ )6 and shall be con-
sidered as the appro\ed standards for account-
ing ;md review sen'ices for the purposes of 21
NCAC 8G .0208(a).
Statutory Authority G.S. 553-12: 93-12(9).
.0209 MANAGEMENT ADVISORY
SERVICES STANDARDS
(b) The Statements on Standards for Man-
agement Advisory Services issued by the
American Institute of Certified Public Ac-
countants are hereby adopted by reference, as
provided by G.S. 150B- 14(c), as amondod
through Docombor M-; 1986 and shall be con-
sidered as the approved standards for manage-
ment advisor) sen,'ices for the purposes of 21
NCAC 8G .0209(a).
Statutory Authority G.S. 558-12; 93-12(9).
.0210 RESPONSIBILITIES IN TA.X
PRACTICE
(b) The Statements on Responsibilities in
Tax Practice issued by the American Institute
of Certified Public Accountants are hereby
adopted by reference, as provided by G.S.
1 SOB- 14(c). as amondod through Docombor ^
19y . 6 and shall be considered as the approved
standards for tax services for the purposes of
21 NCAC 8G .0210(a).
Statutory Authority G.S. 55B-I2: 93-12(9).
.0211 GOVERNMENTAL ACCOUNTING
ST.\NDARDS
(b) The Statements on Governmental Ac-
counting and Financial Reporting Standards
issued by the Governmental Accounting Stan-
dards Board are hereby adopted by reference,
as provided bv G.S. 1 SOB- 14(c), as amondod
througli Docombor ^ 1986 and shaO be con-
sidered as the approved standards for govern-
mental accounting for the purposes of 21
NCAC 8G .0211(a).
Statutoty Authority G.S. 558-12; 93-12(9).
.0212 ATTESTATION STANDARDS
(b) The Statements on Standards for Attes-
tation Engagements issued by the /Vmerican
Institute of Certified Pubhc Accountants are
hereby adopted by reference, as provided by
G.S. 150B- 14(c), as amended through S e p
tomber Hk 1986, and shall be considered
attestation standards for the purposes of 21
NCAC 8G .0212(a).
Statutory Authority G.S. 558-12; 93-12(9).
SECTION .0400 - CONTINUING
PROFESSIONAL EDUCATION
.0403 COURSE REQUIREMENTS
(a) The following shall qualify as acceptable
continuing education programs, provided the
programs comply with the r . tandardii fof ap-
519
NORTH CAROLINA REGISTER
PROPOSED RULES
pro' i 'al ef courooG aft4 programs CPE Program
Standards set forth in these Rogulutions Rules:
(1) Professional development programs of
recognized national and state account-
ing organizations; and
Technical sessions at meetings of re-
cognbxd national and state accounting
organizations and their chapters; and
Courses taken at colleges and universi-
ties accredited by the Southern Associ-
ation of Colleges and Schools, or
comparable regional accrediting organ-
izations; and
Formal organized Ln-firm association of
accounting firms education programs;
and
Fonnal correspondence courses; and
Other programs or courses complying
with the standards set forth in Rule
.0404.
(b) The board will maintain a list of sponsors
which have agreed to conduct programs in ac-
cordance with the standards set forth in these
rogulationf i Rules. Sponsors shall indicate
agreement by signing a CVE program sponsor
agreement form provided by the board. Such
an agreement shall pro\ide the board authority
to audit courses offered by the sponsor to de-
termine if the sponsor is complying vsith the
terms of the agreement. failure to comply
with the terms of the sponsor agreement shall
be grounds for the board's termmation of the
agreement, remo\
(2)
(3)
(4)
(5)
(6)
name from
al of tjie CT
the listing described
spon.sor s
this Rule
and notifying the public of this action.
(c) Sponsors that are appro\"ed and listed in
good standing on the National Registry of
CPE sponsors maintained by the National
Association of State Boards of Accountancy
shall qualify as acceptable CPE, sponsors.
CPE sponsors listed on the NASBA Registry
do not need to sign agreements with the board
as discussed in (b} of this Rule.
Statutory Authority G.S. 93-12(8b); 150B-I4.
.0404 CPE PROGRAM STAND.ARDS
(2) Standards for program presentation:
(f) Effective January j^ 1990, CPE course
sponsors shall provide persons com-
pleting course requirements with a cer-
tificate of completion indicating the
participant's name, the name of the
course, the date(s) the course was held,
the sponsor's name and address, and
the number of CPE hours awarded and
calculated in accordance with the Stan-
dards for Program measurement. Al-
though the course sponsor has the
responsibility for preparing and main-
taining documentation mdicating a
CPA has properly completed a course,
the CPA is ultimately held responsible
for maintaining the certificates of com-
pletion.
(3) Standards for program measurement:
(e) Credit may be obtained for both teach-
ing a CPE course and pubUshing an
article or book which may be used in
the course taught. However, publishing
means having the item printed in a
bona fide publication of general circu-
lation or in bound form, with a proper
copyright cind intended for general dis-
tribution.
Statutory Authority G.S. 93-I2(8b).
SUBCHAPTER 8H - RECIPROCITY
.0001 RECIPROCAL CERTIFICATES
(c) If an apphcant for a reciprocal certificate
does not meet all of the current requirements
imposed on an applicant for original certificate,
then the board will consider the following re-
quirements to be substantially equivalent to
the requirements established by G.S. 93-12 if
all are met.
( 1 ) The apphcant has the unrestricted priv-
ilege to use the Certified Pubhc Ac-
countant title and to practice pubhc
accountancy in any state or territory of
the United States, or the District of
Columbia.
(2) The applicant has had four years of ex-
perience in the praotico «rf pubhc ae-
oountancy aftor paooing the Uniform
C Py\ Examination field of accounting
under the direct supervision of a certi-
fied pubhc accountant who held a vahd
hcense during the period of super\'ision
in any state or territory of the United
States or the District of Columbia and
within ten years immediately preceding
the fding date of hi« the apphcation; or
ten years experience in the field of ac-
counting, or ten years experience
teaching accounting in compliance with
2J_ NCAC 8F .0409. or an^ combina-
tion of such experience, and within
twelve years immediately preceding the
fihng date of the apphcation.
(3) Ihe apphcant shall have received a score
of at least 75 on each part of the L'ni-
form CPA Examination.
NORTH CAROLINA REGISTER
520
PROPOSED RULES
(4) If the applicant received the CPA cer-
tificate referred to in (1) of this Rule
more than four years prior to the filing
date of his application, then the appli-
cant shall provide evidence of com-
pletion of at least 80 hours of
continuing professional education, in
courses meeting the requirements of 21
NCAC 8G .0404, during the two years
preceding the filing date of his applica-
tion.
Statutory Authority G.S. 93-12(6).
SLBCH AFTER 8J - RENEWALS AND
REGISTRATIONS
.0002 SLPERMSION AND REGISTR.4TION
OF CI'A OFFICES
(a) Every office of a certified public account-
ant or firm of certified public accountants m
A<* public practice ef accountancy in North
Carolina which w^e uses any words, letters,
abbreviations, symbols or other means of
identification to indicate that the office is en-
gaged in the practice of public accountancy
accounting a* a CL'rtifiod public accountant
shall be actively and locally supervised by a
certified pubhc accountant whose primap,' re-
sponsibility and a corresponding amount of
time shall be work performed in that office.
No person shall be designated as the inanagL ' r
supervisor of any such office unless he is the
holder of a North Carolina certified public ac-
countant certificate in good standmg.
(b) Fach indi\idual practitioner or office su-
pervisor shall file an otfice registration form
with the board's otfice bv December 31 of each
year, indicating the name of the otfice supervi-
sor, the location of the otfice and the telephone
number of each office maintained within
North Carolina.
(c) Changes in the abo\'c information shall
be delivered to the board oftice within 15 days
after the change occurs.
(d) One representative of the firm may file all
documents with the board on behalf of all firm
offices m North Carolina: howe\er, res pon si-
bihtv for compliance will remain with each in-
di\'idual practitioner, partner or shareholder.
Statutory Authority G.S. 93-l2(8a): 93-12(9).
■k-k^-k-k-k-k-k-k-k-k-k-k-k-k-k
Jyotice is hercbv gi\en in accordance with G.S.
I SOB- 1 2 that the State Board of Certified Pub-
lic Accountant Examiners intends to adopt,
amend, and repeal regulations cited as 21
SCAC8A .0308; 8G .0/07; .0205; .0302; .0305
and .0306.
1 he proposed effective date of this action is
April I, 1988.
1 he public hearing will be conducted at 9:00
a. m. on January 9, 1988 at North Raleigh
Hilton, 3415 Old Wake Forest Road, Raleigh,
N. C. 27609, Telephone {919) 872-2323.
(comment Procedures: Any person interested
in these rules may present oral comments rele-
vant to the action proposed at the public rule-
making hearing or deliver written comments to
the board office not later than noon on Friday,
January 8, 1988. Anyone planning to attend the
hearing should notify the Executive Director at
the board offices by noon on Wednesday, De-
cember 30, 1987 , whether they wish to speak on
the proposal and whether they will speak in fa-
vor of the proposal or against it. Oral presen-
tations will be limited to 20 minutes per
speaker.
CHAPTER 8 - HOARD OF CERTIFIED
PLBLIC ACCOUNTANT EXAMINERS
SI BCIIAPTER 8A - DEPARTMENTAL RLLES
SECTION .0300 - DEFINITIONS
.0308 HOLDING OUT TO THE PUBLIC
(a) Fhe phrase "holds himself out to the
public as a certified public accountant," as
used in the definition of "public practice of
accountancy" in G.S. 93- 1(a)(5) and in these
Rules, means any representation that a person
holds a certificate of qualification, made in
connection with an offer to perform or the
performance of services for the public. Any
such representation is presumed to invite the
public to rely upon the professional skills im-
plied by the certificate in connection with the
professional services offered to be performed
by the licensee. For purposes of this Rule, a
representation shall be deemed to include any
oral or written communication conveying the
fact that the hcensee holds a certificate, in-
cluding without limitation the use of titles or
legends on letterheads, reports, business cards,
brochures, resumes, otfice signs, telephone di-
rectory or any other advertisements, news arti-
cles, publications, listings, tax retum
signatures, and signatures on experience or
character affidayits for exam or certificate ap-
521
NORTH CAROLINA REGISTER
PROPOSED RULES
plicants, displayed membership in CPA asso-
ciations, displayed CPA licenses from this or
any other state, displayed certificates or li-
censes from other organizations which have
the designation "CPA" or "Certified Public
Accountant" by one's name.
(b) A faculty member is not considered to
be in the pubhc practice of accountancy when
one uses the title "certified pubUc accountant"
for identification as a faculty member in an
educational institution, for purposes of func-
tioning in the capacity as such a faculty mem-
ber.
(c) An author is not considered to be in the
public practice of accountancy when one uses
the title "certified public accountant" for iden-
tification as the author of a book, article or
other publication, provided that such publica-
tion does not offer the performance of services,
or the sale of products (other than a book, ar-
ticle or other publication) of any kind.
(d) A licensee is not considered to be in the
public practice of accountancy when one's li-
censure is pubhshed in licensee or society
membership directories, or included in the sale
of mailing labels, or when licensure or mem-
bership status is confirmed.
Statutory Authority G.S. 93-1 (a)(5); 93-/2.
SUBCHAPTER 8G - PROFESSIONAL ETHICS
AND CONDUCT
SECTION .0100 - GENERAL PROVISIONS
.0107 INDEPENDENCE
fa^ A certifiod public accountant, e* a 6ff»
©f svliich he is a partner »f shar^'holdor, ohaU
set- ojiprooD a» opinion ©«• financial otatomonto
ef aft L ' ntL'r^inL ' L' unk * ! .!. h» aft4 hts firm afe m-
d e pondunt with roopoot fre- such ontorprioo.
{hj IndL'pL'ndL ' noo wiii be conoidnrod te be
impairod ^ fop oxamplo:
ft^ During t+H* period ef hi« profonsional
omrrrsr^TrTT^TTTy err crc 1 1 1^ 1 1 1 1 1 1^ ttt \j i\.i.' i yjjuiiiz^
his opinion, be ef h» firm:
\it./ 1 lUU \J I TTTTTT K.'\J 1 1 LI I 111 1 V. U I kJ IX\.^J \JIX\J UI ir
dirt'ct e* material indir e ct financial ifi-
toroot m the enteqirise; »f
f&l was a truuteo ef afty truj^ i t et e x e cutor
e* adminititrator ef any L ' utato if auch
aoquiro aw- direct ef material indirect
financial intoroot ift the onturprino; ef
fG) ha4 afty joint olosoly heW buf i inooo
m' i 'ootmont with the ontorprioo ef tmy
ofTicor. dir e ctor ef principal otockholdor
thoroof which was material m relation
(» his ef his fu-m's net worth; »f
r i_^ r iiuu nil T ^CTt^re lu \j\ 1 1 \Ti 1 1 11 ID \ji I lyjTTmrfv
ef afty offioor, director ef principal
Gtoolcholder thoroof; this lattor pfe-
ooription dees net apply te the follow
ing loano from a fmanoiol institution
when mado under normal lending pfe-
codureo, termo aft4 requirements:
(+f loans obtain e d by hi«» »f his fi«»
which afe net- material i» r e lation te
the Ret- worth ef such borrower;
(4i) homo mortgag e s; ef
(iii) other secured loans, oxcopt loans
guaranteed by his fiH» which ate other
wise unsecured.
(5) During the period covered by the fman
eiat statements, during the period ef the
professional engagement ef at- the tif»e
trr ^ 1 V L," I t. iJ U 1_1 1 1^ CTTT tTTTTinTTTT^ I W ITI Fn^ rTTTTTT
fA-^ was connected with the enterprise as
a promoter, under . vriter »f voting trus
teey a director »f officer ©f ift aey ea-
pacity equivalent te- that- ef a memb e r
©f management »* »f aft employee; ©f
(4if was a trust ee fef any pension ©f pro
fit sharing trust ©f the enterprise.
fei The examples ift this Rule afe ft©t- ift-
tended te- be uU niclusi' i e.
(a) A licensee who is performing an engage-
ment in which the licen.see will issue a report
on fmancial statements of anv client (other
than a report in which lack of independence is
disclosed) must be independent with respect to
the cUent in fact and appearance.
(b) Independence wiU be considered to be
impaired if^ for example, during the period of
his professional engagement, or at the time of
issuiuK his report, the licensee:
(A) had or was committed to acquire any
direct or material indirect financial in-
terest in the cUent; or
(B) was a trustee of any trust or executor
or administrator of any estate if such
trust or estate had or was committed to
acquire any direct or material indirect
financial interest in the client; or
(2) had anv joint or closely-held business
investment with the client or any offi-
cer, director or principal stockholder
thereof which was material in relation
to the net worth of either the client or
the licensee; or
(3) had any loan to or from the client or
any officer, director or principal stock-
holder thereof other than loans of the
following kinds made b>' a financial in-
NORTH CAROLINA REGISTER
522
PROPOSED RULES
stilution under normal lending proce-
dures, terms and requirements:
(A) loans obtained by the licensee which
are not material in relation to the net
worth of the borrower:
(B) home mortgages; and
(C) other secured loans, except those se-
cured solely by a guarantee of the li^
censee.
(c) Independence will also be considered to
be impaired IT dunng the penod covered by
the tinancial statements, during the period of
the professional engagement or at the time of
issuing his report, the licensee:
( 1) was connected with the client as a pro
01
01
moter, underwriter or voting trustee, a
director or olTicer or in any capacity
equhalent to that of a member of
management or of an employee; or
was a trustee for any pension or pro-
ht-sharmg trust of the client: or
received from a third party, or had a
commitment to receive from the client
or a third party, with respect to services
or products procured or to be procured
by the client, other compensation
which was material in relation to the
aggregate normally - rccumng fees
changed annually to tne client for re-
ports on tinancial statements during the
same penod; or
(4) had a commitment from the client for
a contingent fee . unless the contingent
fee was clearh' immatenal in relation to
the aizgregate normally - recurring fees
charged annually to the client for re-
ports on financial statements during the
same penod. For this purpose, a con-
tingent fee means compensation for the
pertbmiances of services pa\ment of
which, or the amount of which, is con-
tingent upon the findings or results of
such services,
(d) 1 he examples in this Rule arc not m-
tended to be all-inclusive.
Statutory Authority G.S. 55B-I2: 93-12(9).
SECTION .0200 - RESPONSIBILrTIES TO
CLIENTS AND COLLEAGL ES
.0205 ( ON riNGENT FEES (REPEALED)
Statuloiy Authority G.S. 55B-I2; 93-12(9).
SECTION .0300 - OTHER RESPONSIBILTIES
.0302 COMMISSIONS AND OTHER
COMPENSATION
A oertifiod public accountant ohall net pay a
commiooion te obtain a cli e nt, Ref shall h»
acc e pt a oommisoion fof a roforral to a cliont
ef products ef oonio e s ef othoro. ¥fe»« Rulo
shall set- prohibit paymontu fo* tfe# purchaoo
»f a» accounting practic e »f rotiromunt pay
monts to indi' i 'iduals fonnorly engaged wt Ae
practice frf public accounting ef payments to
their heirs Bf estates.
(a) A certified public accountant shall not
pay a commission to a third party to obtain a
client unless, prior to being engaged by such
client, the licensee discloses to the client in
writing the fact and the amount of such com-
(b) A licensee who receives or a.grees to re-
ceive other compensation with respect to ser-
vices or products recommended, referred or
sold by him to another person shall, no later
than the making of such recommendation, re-
ferral or sale, make the following disclosures to
such other person in writing:
(1 ) if the other person is a client, the nature,
source and amount of all such other
compensation; and
(2) if the other person is not a client, the
nature and source only of any such
other compensation received from a
third party. Ihe disclosure required by
this Rule shall be made regardless of the
amount of the other compensation in-
volved.
(c) This Rule does not apply to payments
made by a licensee for the purchase of or re-
ceived from the sale of aU^ or a material part,
or an accounting practice or to retirement
payments to persons formerly engaged in the
practice of public accountancy or payments to
their heirs or estates.
Statutory Authority G.S. 55B-/2; 93-/2(9.
.0305 NAME OR STYLE OF A PRACTICE
(REPEALED)
Statutory Authority G.S. 55B-/2; 93-12(9).
.0306 FIRM NAME OR STYLE OF A
PRACTICE
A certified public accountant shall ftet proc
U^^ under a nam e ef style ef practic e other
than hi* own name ef Aat- ef hi* inactive ef
dec e ased partners »f shareholders wb» ' ■ ' ■ 'ore
certifi e d public accountants. Howder, names
ef BVi^ (*f mor e past- partners Bf shareholders
may bt» included m Ae &««• name ef a succos
se* partnership m- corporation. A partner »f
52i
NORTH CAROLINA REGISTER
PROPOSED RULES
oharL'hold e r oun'iving Ae d e ath %f >' i 'ithdrawal
practice undor Ae partnorehip ef professional
a ' joociation nam e fof Hp te- ^ve years aftor be-
coming a sek* practitionor.
(a) A certified puhlic accountant shall not
practice public accountancy using a name or
designation that is misleading about the legal
form of the firm, or about the persons who are
partners, officers, or shareholders of the firm,
or about any other matters, provided, however,
that names of one or more past partners or
shareholders may be included in the firm name
of a successor partnership or corporation.
(b) It shall not be deemed misleading for a
partner or shareholder surviving the death or
withdrawal of all partners or shareholders to
continue to practice under the partnership or
professional association name for up to two
\ears after becoming a sole practitioner.
(c) No firm ha\ing only one owner licensed
as a certified public accountant bv the board
may ha\e as a part of its name the words "as-
sociates," "company" or their abbreviations.
Statutory Authority G.S. 55B-J2; 93-12(9).
i V otice is hereby given in accordance with G.S.
I SOB- 1 2 that the N.C. Board for Licensing of
Geologists intends to amend regulations cited
as 21 NCAC 21 .0106(7); .0107(5 )( 10);
.0301 (b)(f); and .0302(f).
I he proposed effective date of this action is
March I, I9SS.
1 he public hearing will be conducted at 10:00
a.m. on December 18, 1987 at 5th Floor Con-
ference Room, Archdale Building, Land Re-
sources Division, 512 N. Salisbury Street,
Raleigh. N. C. 27611.
Co
ommenl Procedures: Interested persons
may present their views either orally or in writ-
ing at the hearing. In addition, the record of
the hearing will be open for receipt of written
comments from November 17, 1987, to 5:00
p.m. on December 17, 1987. Such written
comments must be deH\'ered or mailed to
Stephen Conrad, N. C. Board of Licensing for
Geologists. 5/2 N. Salisbury St., Raleigh, A'.
C. 27611.
CHAPTER 21 - GEOLOGISTS
SECTION .0100 - STATUTORY AND
ADMINISTRATIVE PROVISIONS
.0106 FORMS
Forms used by the board, and available from
the board office upon request, include the fol-
lowing:
(1) Application for Licensing as a Geologist,
(2) Application for Examination,
(3) Application for License by Reciprocity,
(4) Application for Renewal of License,
(5) Application for Replacement of License,
and
(6) Application for Reinstatement of Li-
cense.
f?) Application fef Geologist m Training.
Statutory Authority G.S. 89E-8; 89E-10;
89E-1I; S9E-12(a)'; 89E-I2(b).
.0107 FEES
(a) Completed application forms must be
accompanied by the prescribed fee. Apphca-
tion fees will not be refunded regardless of
board approval or disapproval of the apphca-
tion. Prescribed apphcation fees shall be:
(I)
(2)
(3)
(4)
(6)
application forms, including a
copy of the Act and Rules: $ 5.00
application for license: $50.00
admission to examination: $25.00
application for reciprocit) : $50.00
amiual r e n e wal ef Uconso: $35.00;
biennial renewal of license: $70.00
biennial renewal of license
of N. C. resident geologists
practicing less than 15 days
per year: $15.00 $30.00
(7) application for replacement of
hcense: $10.00
(8) application for reinstatement
of license: $50.00
(9) licensed geologist stamp and
seal: cost -I- $ 5.00
f4-0) application fof geologist i»
training: $35.00
(b) If the applicant is approved for admission
to the examination, the candidate will be ad-
mitted to the examination upon payment in
advance of an examination fee.
(c) AH hcenses will expire annually biennially
on July 1. Annual Biennial renewal fees re-
ceived after July 1 and before September 1 of
each the year due shall be subject to the as-
sessment of a late payment penalty of ten dol-
lars ($10.00).
(d) Licenses that have not been renewed by
September 1st may only be renewed by filing
..
NORTH CAROLIN.A REGISTER
524
PROPOSED RULES
a reinstatement application and submitting a
reinstatement fee.
Statutory Authority G.S. 89E-5(g); 89E-12.
SECTION .0300 - LICENSING OF
GEOLOGISTS
.0301 REQUIREMENTS FOR LICENSING
(a) Fducation - In detcnnining whether an
applicant meets the mimmum education re-
quirements of the act, the board is authorized
to determine which colleges and universities
are properly accredited, and which geologic
science courses qualify for meeting the mini-
mum requirements.
fb-)- nxpcriL ' nc e - A4- I t just go von yoars &f pro
foL i' - ' ional goologioal ' ■ sork af* required " i vhich
i i hall inoludij a minunum »t thr ee y e ars trf
profi.H i' : . ional geological work under th« super
■ ■ ir . ion ef a qualtiied geologist, Bf a nunimum
©4" throe cumulati' i o yoaro work » responsible
charge ©f geological svork satisfactory te tfe»
board. 4-he foUowmg criteria »f education aft4
e.xporience qualify a^ specifi e d to ' ■ sard accu
mulation e4 t+K* required sesen years e+ pro
f e osional geological work:
f+i Fach fatt yeaf t»f und e rgraduat e study ift
t^ geologici-d sciencL s j' hall count as
one half year rf training «f* k» a ma.xi
mum e4 Hve years. aft4 each yt»af e>f
graduat e study shall count as »«* yeaf
ef work.
(-2) Credit fef undergraduate study, graduate
study, graduate courses, mdi' i iduaUy e*
i» aftv combination thereof, shall i«- h©
ease OKceod a total »f fe«f years toward
meeting Ae requirements fof at- least
s e sen y e ars »f professional geologioal
work as set- forth i» tfeis Rul e .
{4>} ^4*e board may consider m- l+tHt ef pro
fei i'. ional geological work, tfee oumula
ti¥e total »f geological ' i vork ef
goo logical research ef persons t e aching
upper lo' i ol geology courses at- th<» &»1-
lege evf unis'ersity level, provided such
V i 'ork Bf research eaft be demonstrated
to be ef a sufficiently responsible nature
te b«» equivalent to th<* professional fe-
quirements described herein.
f-H -fte ability »f tth* applicant shaU have
been demonstrated by- bts basing pef-
lormed tlw ss - ork ift a responsible posi
t+eft as detennined by- tite board.
fe+ rb| References - Three letters of reference
submitted to the board which shall satisfy the
board as to the character, reputation, respon-
sibility, integrity and competence of the appli-
cant. These letters of reference must be
submitted by licensed or qualified geologists
or professional engineers. No member of the
board shall act as a reference for any applicant
for licensing.
(4^ (c} Written Examination - A written ex-
amination approved by the board shall be re-
quired of all appbcants after August 15, 1986.
The passing grade on any written examination
for Ucensing shall be established by the board.
The applicant shall be notified, not less than
30 days before the examination, as to the time
and place of the examination. A person who
has failed an examination is allowed to take the
examination again at the next regularly sched-
uled examination period. A person having a
record of three failures and/or unexcused ab-
sences will not be allowed to take that exam-
ination again until a written appeal is made to
the board and qualifications for examination
are reviewed and realTirmed by the board. The
applicant must demonstrate to the board that
actions have been taken to improve the apph-
cant's possibUity of passing the exam.
<r^ (dj Certificate by reciprocity:
(1) The board, within its discretion, may
grant a license, by reciprocity, to a per-
son holding a license or certificate in
good standing of registration in geology
from any legally constituted board of
examiners in another state whose h-
censing, registration and requirements
are deemed to be equal or equi\alent to
those of this state.
(2) To assure that the requirements of the
other state are at least equivalent to
those of this state, the applicant shall
be required to show evidence of educa-
tion and experience equal to those re-
quired of geologists licensed in this state
who seek a license by examination as
set out m Rules .0301 and .0302 of this
Section.
(3) If a person is duly licensed to practice
geology in another state where the re-
quirements for a license, or certificate,
are not lower than those specified by
the board, that person may practice
geology in this state provided such
practice does not exceed more than 90
days in any one calendar year; and pro-
\ ided that such person shall fde with the
board within ten days of entering this
state for commencing of such work, a
statement giving liis name, residence,
the number of his license, and by what
authority issued, and upon the com-
pletion of the work, a statement of the
3i.-)
NORTH CAROLINA REGISTER
PROPOSED RULES
time engaged in such work within the
state.
(4) The board may issue a provisional li-
cense to practice geology in the state to
a person who has recently become a
resident here or if he is licensed in an-
other state or qualified as defined her-
ein, if he shall have filed with the board
an application for a license and shall
have paid the required fee.
{¥j Goologiot in training - A person wW feife
i» moot th«» minimum goologic oxpononco Fe-
wbe paoiioo Ae oxamination ef Rule .Q3Ql(d)
»f Ais S e ction wiH be issued a l e tter from ^h©
board indicating tbat- be i* a Goologist In
Training.
Statutory Authority G.S. S9E-7(2)(3) 89E-1I.
.0302 APPLICATION PROCEDURE
(a) All applicants for licensing, except those
applying under comity, are required to furnish
with their applications the following:
(1) A legible otTicial copy of their college
tran5cript(s), and verification of gradu-
ation sent directly from the institution
to the board;
(2) A record of experience in the practice
of geology;
(3) Three references as dcfuied in Rule
.0301(c) of this Section;
(4) A notarized copy of a completed appli-
cation form as prescribed by the board;
and
(5) The application fee as prescribed in
Rule .0107(a) of this Chapter.
(b) If an examination is required, the board
shall notify the applicant in writing at least 30
days in advance of the time and location of the
examination.
(c) Applicants for licensing under comity
shall submit an application form as prescribed
by the board alone with the fee as provided in
Rule .0107(a)(4) of this Chapter. The board
may require the submittal of additional infor-
mation.
(d) Applicants for reinstatement of an ex-
pired license shall submit a reinstatement ap-
plication and the prescribed fee.
(e) Applicants for reinstatement of a revoked
or suspended license shall submit such infor-
mation as is required by the board, on a case-
by-case basis, to determine his eligibility for
reinstatement, and shall submit the fee as pro-
vided by Rule .0107(a)(8) of this Chapter.
(i^ Applicants fof Goologiot in training shall
s ubmit aU application materials afi4 fee* Fe-
quir e d fof application for lioonoing. Upon
passing aft oxamination, tlw board shall issuo
a Geologist in training lottor te th« applicant.
Upon completion ef tbe minimum oxporionco
requirem e nts »f Pvul e .03Ql(b) ef tbie Section
tfe<» applicant H*ay submit a» application fof
licens e . U the board fmds tfeat tke applicant
tfee applicant shall be issued a liconso.
fe) (il Applicants for renewal of Ucense who
practice geology less than 15 days per year
must submit a notarized affidavit that they
have practiced geology in North Carolina less
than 1 5 days during the past year and that they
will practice less than 15 days in each of the
coming two yeaf years. If a hcensed geologist
in fact practices 15 or more days per year in
North Carolina, he shall submit to the board
the balance of the fee prescribed for fuU li-
censing in Rule .0107(a)(5) of this Chapter.
Statutory Authority G.S. 89E-8.
****************
A^.
otice is hereby given in accordance with G.S.
I SOB- 1 2 that the State Board of Refrigeration
Examiners intends to adopt, amend, repeal re-
gulations cited as 21 NCAC 60 .0102; .0/03;
.0205; .0207; .0208; .0301; .0302; .0303;
.0305; .0309; .031 J; .0312; .0401; .0402; .0403;
.0404; .1103 and .1104.
1 he proposed effective date of this action is
February I, 1987.
1 he public hearing will be conducted at 1 1 .00
a.m. on December 18, 1987 at the Board Office,
323 West Morgan Street, Suite 107 , Raleigh,
North Carolina.
Co
omment Procedures: Written comments
may be mailed to State Board of Refrigeration
E.xaminers, P. O. Box 10553, Raleigh, North
Carolina 27605.
CHAPTER 60 - BOARD OF REFRIGERATION
EXAMINERS
SECTION .0100 - ORGANIZATION
.0102 OFFICE OF THE BOARD
The board's office is located at 323 West
Morgan Street, Raleigh, North Carolina. The
board's mailing address is P. O. Box 10553,
Raleigh, North Carolina 27605. T4*e board's
NORTH CAROLINA REGISTER
526
PROPOSED RULES
otficii hours afe from fe40 a.m. t» 13:00 noon.
The board's rules are available for inspection
at this otTice during regular oflice hours. The
materials used in rule making decisions wUI be
available for inspection at said oflice.
Slalutoiy Authority G.S. 87-54: 150B-I0.
.010? Rl I EM.\KING AND ADMINISTRATIVE
IlKARING I'ROCEDl RE
(a) The -Xlodt ^ l Adminiiitrativo Procodurou fef
Ruk' Making aft4 Hearings, codified as Titlo
Hr; Subchaptoro 24i- a«4 3G ef the North G*-
rolinu Administrutiv e Codo, uffoctivo Soptcm
bef 3Ar l'> ^( ). *H* her e by adopted by reference.
te applying H NCAC 3t Subchapt e rs i^ aft4
2Gt te tbis board. tb» defuiitions contained if*
^ NCAC 4Wa5 4»ii app^rr a* modified bef-
(4-^ "Agency" means tbe Board ©f Refriger
ation li ' )uiininors,
(3+ "Agency address"
means:
Board ef Refngoralion IJ.\aminers
Ral ei gli, North Carolina 27605
f^ "Agency h e ad"
fA^ i« a context relating te- suhstantii i e
decisitm making authority, ef final
agency decision ;. , "agency head ' means
ti+e Board.
fB-^ ift a cont e st granting administrative
authority, "agency head" means tb»
nneoutive Secretary.
Administrati\e I tearing Procedures as set
forth in Article 3A of Chapter 1500 of the
General Statutes of North Carolina as
amended by Chapter 87S, Session kaws of
19S7 will be followed.
(b) Copies »f 55 NCAC Subchapters 2 Band
aC^T aftd 55 NCAC M- 4400^ may be inspected
m t+*e Office ef tbe Board «4- Pk^ e frig e ration
Examiners, m West Morgan Street, Raleigli,
North C^arolina. Copies stay be obtained from
tbe board e+ fr()m tbe Admini ' . . trativ e Proc e
dures Section ef the Attorney General's Offic e ,
■W Ear . t Jones Street, Pv.aleigli, North Carolina,
fof a charge ef fo«f dollars (S ' l.OO). Rule-
■Makiniz Procedures as set forth in Article 2 of
Chapter 150B of the General Statutes of North
Carolina, as amended bv Chapter 285. Session
I aus of 1987 will be followed.
(c) With respect to rules go\eming the con-
duct ot hearings, the rules establishing proce-
dures for contested cases adopted by the Office
of Administrati\'e 1 learings as contained in Tii
tie 26, Chapter 3 of the North Carolina Ad-
ministrative Code arc hereby adopted bv
reference, as provided for in G.S. 1508- 14(c),
for contested cases for which this agency has
authority to adopt rules under G.S.
150B-38(h). Provided, however, that if the
case is conducted under G.S. 15QB-4Q(b), the
presiding oflicer shall have the powers and du-
ties given to the Chief Administrative Law
Judge of the presiding Administrative Law
Judge in Title 26. Chapter 3 of the North Ca-
rolina Administrative Code and that 26 NCAC
3 .0001(2); .0002(a)(1); .0003(b); .0025; and
.0026 shall not apply.
Statutory Authority G.S. 87-54; I50B-38 et
seq.; I50B-9 et seq.; l50B-38(h);
I50B-I4(a)(4).
SECTION .0200 - EXAMINATIONS
.0205 RENEWAL AND REINST.\TEMENT
FEES (REPEALED)
Statutory Authority G.S. 87-54; 87-64.
.0207 REQUIREMENTS FOR EXAMINATION
APPLICANTS
(a) An applicant shall be eligible to take the
examination upon:
(1) Piling with the board an application, on
a fonn provided by the board, together
with the combined examination hcense
fee. This fee is to be refunded to an
applicant only if his application is
withdrawn at least two business days
prior to the scheduled examination.
(2) Including on his application form satis-
factory verification that he is at least
eighteen years of age.
(3) Furnishing with his application infor-
mation satisfactorily verifying that he
has acquired at least 2000 hours of re-
frigeration experience gained while en-
gaged actively and directly in the
installation, maintenance, servicing and
repairing of commercial, industrial or
institutional refrigeration equipment.
Qualifying experience must be acquired
while working a minimum of 2000
hours under the supervision of a person
holding a valid refrigeration contractor's
hcense, registered professional engineer
or equivalent prior to filmg the appli-
cation.
(b) J he deadline for receipt of applications
for a regular exammation shall be six weeks
pnor to the examination date. If an applica-
tion is recei\ed after the published deadline, it
shall be returned to the applicant with his dc^
527
NORTH CAROLINA REGISTER
PROPOSED RULES
posit, and he shall be notified that he may ap-
ply for and take the next examination. The
board, at its discretion, may choose to waive
this requirement in extenuating circumstances.
(c) If a person files an application for e.xam-
ination which is accepted, takes and fails the
examination, his verification of refrigeration
experience is kept and is sufficient for taking
any future examination, provided he files an-
other application accompanied by the required
fee.
Statutory Authority G.S. 87-54; 87-57; 87-58;
87-64; 93B-9; 94-6; I50D-2; I50B-3; I50B-10.
.0208 EXAMINATION REVIEW
The board shall schedule an examination re-
view session to be held approximately one
month following notification of the results of
each regular examination. This review session
will be attended by at least two board members
and will be the only review opportunity avail-
able. All persons who fail the examination
shall be notified of this review session.
Statutoiy Authority G.S. 87-54; 87-58(d).
SECTION .0300 - PI BLICATIONS AND
FORMS
(a) The qualifying license number of the li-
censee shall appear on all permits as issued by
a municipality.
(b) A licensed contractor shall obtain permits
and allow his number to appear on permits
only for work over which he will provide gen-
eral supervision until the completion of the
work, and for which he holds the contract.
Statutory Authority G.S. 87-54; 87-58(g).
.0312 EXPIRATION OF LICENSES
During the period of time an individual li-
censed under G.S. 87, Article 5 is employed
fuU time by a unit of local government as an
inspector and holds a valid certificate from the
North Carolina Code Officials Qualification
Board, his license shall not be deemed expired
for the purposes of reexamination under G.S.
87-64, despite the non-payment of renewal
fees; provided that this Rule does not authorize
contracting within the meaning of G.S. 87-57
by any individual licensee actively employed
as an inspector as defined herein.
Statutory Authority G.S. 87-54; 87-57; I50B-2;
I50B-3.
SECTION .0400 - BOARD PERSONNEL
.0303 REFRIGERATION LAW: PLLG-IN
DEMCES
y li. J 1 1 II J t,' U IX 1 U l .^ 1 JJ I L L' , ITT CTTTTTTTCT rTTTTTTy KJKJ L' 11,' J
ef A# Refrig e ration La ' ■ ' ■ ', G.S. &?7 jVrticlo &r
A copy e( tfei* law is sefit te- each applicant (&f
» rofrigoration oxamination aft4 te afty othor
p e rfjono ' . ' ■ ho roquoot copion ©f &amo.
(fe^ Only refrigeration appliances and equip-
ment which are shipped from the manufacturer
equipped or packaged with a cord and attach-
ment plug suitable for plugging into perma-
nently installed receptacles shall be defined as
plug-in refrigeration equipment and exempt
from the provisions of G.S. 87, .Article 5.
Statutory Authority G.S. 87-54; 87-57; 87-58;
!50B-II(2).
.0301 REGISTER OF LICENSEES (REPEALED)
.0302 DESCRIPTION OF FORMS (REPEALED)
.0305 FORM: RENEWAL APPLICATION
(REPEALED)
.0309 FORM: REINSTATEMENT
APPLICATION (REPEALED)
Statutory Authority
I50B-II; 150B-I1(I).
.0311 PERMITS
G.S. 87-54; 87-64;
.0401 SUPERVISION OF STAFF (REPEALED)
.0402 QUALIFICATIONS FOR EMPLOYMENT
(REPEALED)
.0403 SALARY RHVIEVV COMMITTEE
(REPEALED)
.0404 SALARY AND FRINGE BENEFITS
(REPEALED)
Statutory Authority G.S. 87-54; I50B-II;
I50B-II(I).
SECTION .1 100 - DISCIPLINARY ACTION
.1103 PRELIMINARY DETERMINATION
(f) After all preliminary evidence has been
received by the review committee it shall make
a preliminary determination of the charges filed
against the refrigeration contractor. From the
evidence it may recommend to the board that;
(1) the charges be dismissed as unfounded,
frivolous, trivial; or
(2) when the charge is admitted by the re-
spondent or the evidence warrants, the
board r . hall accept the rof i pondont'o st4-
miooion e4^ guilt aft4 may issue a repri-
mand and order the respondent not to
commit in the future the specific act or
acts admitted by him to have been in
violation of any of the provisions of
NORTH CAROLINA REGISTER
528
PROPOSED RULES
G.S. 87-59, 87-57, or 87-63. In con-
nection with any such reprimand and
subsequent order, the board may also
provide that in the event the respondent
is determined to have violated in the
future any of the provisions of the
aforementioned statutes, the board may
suspend or revoke his license as pro-
scribed by law.
(4+ tb# chargo ef charge^ . , whether
admitted ef denied, be presented te U^e
foli Board fof hearing aft4 determi
nation b¥ Ae Board »» t4*e merito ef
the charge ef ohargeo m accordance
witfe the substantive aft4 procedural Fe-
quiremonts »f (j.S. S7 59 aft4 i'Vrticle ^
ef Chapt e r 150i\ ef the General Stat
tries el^ North Carolina aft4 i\dminis
tratis'Q Rul e s adopted by the Board
pursuant thereto.
Statutory Authority G.S. 87-57; 87-59; 87-63;
I50B-II(I); I50B-22.
.1104 JLDICI.AL REVIEW
U the respondent Any person who is agg-
rieved by the final decision of the board in a
contested case as defined in Chapter 150B-T
of the General Statutes he H»y appeal fof a
judicial re' i 'i e w shall be entitled to Judicial Re-
\iew as provided by yVrticle 4 ef Chapter 150A
G.S. 150D-43 of the General Statutes of North
Carolina.
Statutory Authority G.S. 87-59; 87-63;
I50B-II(I); 1508-43.
529
NORTH CAROLINA REGISTER
FINAL RULES
U pon request from the adopting agency,
the text of rules will be published in this
section.
W hen the text of any adopted rule is
identical to the text of that as proposed,
adoption of the rule will be noted in the
"List of Rules Affected" and the text of the
adopted rule will not be republished.
/l dopted rules filed by the Departments
of Correction, Revenue and Transportation
are published in this section. These de-
partments are not subject to the provisions
of G.S. I SOB. .Article 2 requiring publica-
tion of proposed rules.
TITLE 10 - DEPARTMENT OF HUMAN
RKSOl R( ES
CHAPTER 45 - NORTH CAROLINA DRUG
COMMISSION
SLBCHAPTER 45H - DRUG TREATMENT
I ACUITIES
SECTION .0200 - SCIIEDl I ES OF
CONIROI I EI) SUBSTANCES
.0202 SCHEDULE I
(a) Schedule I shall consist of the drugs and
other substances, by whatever official name,
common or usual name, chemical name or
brand name designated Usted in this Rule.
Each drug or substance has been assigned the
Drug Enforcement Administration controlled
substances code number set forth
(b) Opiates. Unless specifically excepted or
unless listed in another schedule, any of the
following opiates, including their isomers, es-
ters, ethers, salts and salts of isomers, esters
and ethers whenever the existence of such
isomers, esters, ethers and salts is possible
within the specific chemical designation:
(1) Acetyl-alpha 9815
-methylfentanyl (N-[l-(l-
mcthyl-2-phenethyl)-4-
piperidmyll-N-
pheny lacetamide )
(2) Acetvlmethadol 9601
(3) AUylprodine 9602
(4) Alphacetylmethadol 9603
(5) Alphameprodinc 9604
(6) Alphamethadol 9605
(7) Alpha-methylfentanyl 9814
(N-|l-(alpha-methyl
beta-phenyl) ethyl-4-
piperidyl) propionanilide:
1-(1 -methyl -2-phenylethyl)
-4-(N-propanilido)
piperidine)
(8) Alpha-methylthiofentanyl 9832
(N-|l-methyl-2-(2-thienyl)
ethyl-4-piperidiny 1 ]-N-
phenylpropan amide)
(9) Benzethidine 9606
(10) Betacetylmethadol 9607
(11) Beta-hydro xyfentanyl 9830
(N-| l-(2-hydroxy-2-phenethyl)
-4-piperidinyl|-N-
phenylpropan amide)
(12) Betameprodine 9608
(13) Betamethadol 9609
(14) Betaprodine 9611
(15) Clonitazene 9612
(16) Dextromoramide 9613
(17) Diampromide 9615
(18) Diethylthiambutene 9616
(19) Difenoxin 9168
(20) Dimenoxadol 9617
(21) Dimepheptanol 9618
(22) Dimethylthiambutene 9619
(23) Dioxaphetyl butyrate 9621
(24) Dipipanone 9622
(25) Ethyhnethylthiambutene 9623
(26) Etonitazene 9624
(27) Etoxeridine 9625
(28) Furethidme 9626
(29) Hydro xypethidine 9627
(30) Ketobemidone 9628
(31) Levomoramide 9629
(32) Levophenacyknorphan 9631
(33) 3- Methylfentanyl 9813
(N-|-methyl-l-(2-
phenylethyl)-4-piperidyl]
-N-phenylpropan amide)
(34) 3-methylthiofentanyl 9833
(N-[(3-methyl- l-(2-thienyl)
ethyl-4-piperidinyl)-N-
phenylpropan amide)
(35) l-methyl-4-phenyl-4- 9661
propionoxypipcridine (MPPP)
(36) l-(2-phenethyI)-4-phenyl 9663
-4-acetoxy-piperidine
(PEPAP)
(37) Morpheridine 9632
hydroxyfentanyl), its
optical isomers, salts and
(38) N-|l-(2-thienyl)methyl 9834
-4-pipcridyll-N-
phenylpropan amide
(thenylfentanyl), its
optical isomers, salts and
salts of isomers
NORTH CAROLINA REGISTER
530
FINAL RULES
(39) N-[3-methyl-l-(2-
9831
hydroxy-2-phenyr)ethyl-4-
pipL'ridyl|-N-
phenylpropanamide (beta-
hydro xy-3-methylfentanyl),
its optical and geometric
isomers, salts and salts
of isomers
(40) N-[ 1 -benzyl-4-piperidyl|
9818
-N-phenylpropanamide
(benz>ifentanyl), its
optical isomers, salts and
salts of isomers
(41) Noracymethadol
9633
(42) Norleyorphanol
9634
(43) Normethadone
9635
(44) Norpipanone
9636
(45) Para-fluorofentanyl
9812
(N-(4-fluorophenyl)-N-|l
-(2-phenethyl)-4-piperidinyl]
-propan amide)
(46) Phenadoxone
9637
(47) Phenampromide
9638
(48) Phenomorphan
9647
(49) Phenopendine
9641
(50) Piritramide
9642
(51) Proheptazine
9643
(52) Properidine
9644
(53) Propirain
9649
(54) [<acemoramide
9645
(55) Thiofentanvl (N-phenvl-N
9835
-[l-(2-thienyl)ethyl-4-
piperidinyl] -propan amide)
(56) Tilidine
9750
(57) Trimeperidine
9646
(c) Opium Derivatives. Unless specifically
excepted or unless listed in another
schedule.
any of the following opium derivatives, its
salts, isomers and salts of isomers whenever the
existence of such sahs, isomers and
salts of
isomers is possible within the specific
chemical
designation:
(1) Acetorphine
9319
(2) Acetyldihydrocodeine
9051
(3) Benz>'lmorphine
9052
(4) Codeine methylbromide
9070
(5) Codeine-\-Oxide
9053
(6) Cyprenorphine
9054
(7) Desomorphine
9055
(8) Dihydromorphine
9145
(9) Etorphine (except
9056
hvdrochloride salt)
(10)' Herom
9200
(11) Hydromorphinol
9301
(12) Methyldesorphine
9302
(13) Methyldihydromorphine
9304
(14) Morphine methylbromide
9305
(15) Morphine methylsuUbnate
9306
(16) Morphine-N-Oxide
9307
(17) Myrophine 9308
(18) Nicocodeine 9309
(19) Nicomorphine 9312
(20) Normorphine 9313
(21) Pholcodine 9314
(22) Thebacon 9315
(23) Drotebanol 9335
(d) HaUucinogenic Substances. Unless spe-
cifically excepted or unless listed in another
schedule, any material, compound, mixture or
preparation which contains any quantity of the
following hallucinogenic substances, or which
contains any of its salts, isomers and salts of
isomers, whenever the existence of such salts,
isomers and salts of isomers is possible within
the specific chemical designation (for purposes
of this Paragraph only, the term "isomer" in-
cludes the optical, position and geometric
isomers):
(1) 3,4-methylenedioxy 7400
amphetamine
(2) 5-methoxy-3,4- 7401
methylenedioxy-amphetamine
(3) 3,4,5-trimethoxy 7390
amphetamine
(4) Bufotenine 7433
Some trade and other names:
3-(B-Dimethylaminoethyl)-
5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-
indolol;
N,N-dimethylserotonin;
5-hydroxy-N, N-
dimethyltry ptamine;
mappine.
(5) Diethyltryptamine 7434
Some trade and other names:
N,N-Diethyhryptamine; DET
(6) Dimethyltry ptamine 7435
Some trade and other names:
DMT
(7) 3,4-methylenedioxy- 7405
methamphetamine (MDMA)
its optical, positional
and geometric isomers,
salts, and salts of isomers
(8) 4-methyl-2,5-dimethoxy- 7395
amphetamine
Some trade or other names:
4-methyl-2.5-dimethoxy-a-
methylphenethvlamine; "DOM"
and "STP."
(9) Ibogaine 7260
Some trade and other names:
7-Ethyl-6,6B,7, 8,9,10, 12,13
-octahydro-2-methoxy-6,9-
methano-5H-pyrido (1,2':
1,2) azepino (5,4-b)
indole; tabemanthe iboga.
551
NORTH CAROLINA REGISTER
FINAL RULES
( 1 0) I .ysergic acid 73 1 5
diethylamide
Some trade or other names;
LSD
(11) Mescaline 7381
(12) N-ethyl-1- 7455
phenylcyclohexylamine 7455
(13) l-(l-phenylcyclohexyl) 7458
pyrrolidine
(14) Parahexyl 7374
Some trade or other names:
3-Hexyl-l-hydroxy-7,8,9,
lO-tetrahydro-6,6,9-
trimethyl-6H-dibenzo|b,d|
pyran;
Synhexyl.
(15) Pcyote -- meaning all 7415
parts of the plant presently
classified botanically as
Lophophora Williamsii
Lemaire, whether growing or
not; the seeds thereof; any
extract from any part of
such plant; and even,'
compound, manufacture, salt,
derivative, mixture or
preparation of such plant,
its seed or extracts.
(16) N-ethyl-3-piperidyl 7482
benzUate
(17) N-methyl-3-piperidyl 7484
benzilate
(18) Psilocybin 7437
(19) Psilocyn 7438
(20) 2,5-dunethoxyamphetamine 7396
Some trade and other names:
2,5-dimethoxy-a-
methylphenethylamine;
2,5-DMA.
(21) 4-bromo-2,5-dimethoxy- 7391
amphetamine
Some trade or other names:
4-bromo-2,5-dimethoxy-a
-methvlphenethylamine;
4-bromo-2,5-DMA.
(22) 4-methoxyamphetamine 7411
Some trade or other names:
4-methoxy-a-
mcthylphenethylamine;
paramethoxyamphetamine;
PMA.
(23) Thiophene analog of 7470
phcncyclidine
Some trade or other names:
l-|l-(2-thicnyl)-cyclohexyl|
-piperidine;
2-thienyl analog of
phcncyclidine;
Tpcp, rcp.
(e) Depressants. Unless specifically excepted
or unless listed in another schedule, any mate-
rial compound, mixture or preparation which
contains any quantity of the following sub-
stances having a depressant effect on the cen-
tral nervous system, including its salts, isomers
and salts of isomers whenever the existence of
such salts, isomers and salts of isomers is pos-
sible within the specific chemical designation:
(1) mecloqualone 2572
(2) methaqualone 2565
(f) Stimulants. Unless specifically excepted
or unless listed in another schedule, any mate-
rial, compound, mixture, or preparation which
contains any quantity of the following sub-
stances having a stimulant effect on the central
nervous system, including its salts, isomers,
and salts of isomers:
(1) Fenethylhne 1503
(2) N-ethylamphetamine 1475
History Note: Statutory Authority
G.S. 90-88; 90-89; I43B-I47;
Eff. June 30, 1978;
Amended Eff. December 1 , 1987;
August I. 1987; December I. 1986;
July I, 1986.
.0203 SCHEDULE II
(a) Schedule II shall consist of the drugs and
other substances by whatever official name,
common or usual name, chemical name or
brand name and designated listed in tins Rule.
Mdch drug or substance has been assigned the
Drug Enforcement Administration controlled
substances code number set forth opposite it.
(b) Substances, Vegetable Origin or Chemi-
cal Synthesis. Unless specifically excepted or
unless listed in another schedule, any of the
following substances whether produced di-
rectly or indirectly by extraction from the sub-
stances of vegetable origin or independently
by means of chemical synthesis or by a com-
bination of extraction and chemical synthesis:
(1) opium and opiate, and any salt, com-
pound, derivative or preparation of
opium or opiate, excluding apomor-
phine, nalbuphine, dextrorphan, nalox-
one, naltrexone, and nalmefene and
their respective salts but including the
following:
(A) Raw opium 9600
(B) Opium extracts 9610
(C) Opium fluid extracts 9620
(D) Powdered opium 9639
(E) Granulated opium 9640
(F) Tincture of opium 9630
(G) Codeine 9050
(H) Ethylmorphine 9190
NORTH CAROLINA REGISTER
532
FINAL RULES
(I) Hydrocodone 9193
(J) nVdromorphine 9150
(K) Metopon 9260
(L) Morphine 9300
(M) Oxycodone 9143
(N) Owmorphone 9652
(O) Thebaine 9333
(P) Etorphine hydrochloride 9059
(2) any sah, compound, derivative or prep-
aration thereof which is chemically
equivalent or identical with any of the
substances referred to in Subparagraph
(1) of this Paragraph (b), except that
these substances shall not include iso-
quinohne alkaloids of opium:
(3) opium poppy and poppy 9650
straw
(4) coca leaves (9040) and any salts, com-
pound, deri\ative or preparation of
coca leaves and any salt, compound,
derivative or preparation thereof which
is chemically equivalent or identical
with any of these substances, except
that the substances shall not include
decocainized coca leaves or extraction
of coca leaves, which extractions do not
contain cocaine (9041) or ecgonine
(9180);
(5) concentrate of poppy straw (the crude
extract of poppy straw in either liquid,
solid or powder form which contains
the phenanthnne alkaloids of the opium
poppy 1 (9670).
(c) Opiates. Unless specifically excepted or
unless in another schedule any of the following
opiates, including its isomers, esters, ethers,
salts and salts of isomers, esters and ethers
whenever the existence of such isomers, esters,
ethers and salts is possible within the specific
chemical designation, dextrorphan e.xcepted:
(1) Alfentlmil 9737
(2) Alphaprodine 9010
(3) /Vnileridine 9020
(4) Benzitramide 9800
(5) Dihydrocodeme 9120
(6) Diphenoxylate 9170
(7) Fentanvl ' 9801
(8) Isomethadone 9226
(9) Levomethorphan 9210
(10) Levorphanol 9220
(11) Metazocine 9240
(12) Methadone 9250
(13) Methadone-Intermediate, 9254
4-cyano-2-dimethylamino-4,
4-diphenyl butiine
(14) .Moramide- Intermediate, 9802
2-methyl-3-morpholmo-l,
1-diphenylpropane-carboxylic
acid
9230
9232
9233
9234
(15) Pethidine(meperidine)
(16) Pethidine-Intermediate-
A,4-cyano-l-methyl-4-
phenylpiperidine
(17) Pethidine- Intermediate
-B, ethyl-4-phenylpiperidine
-4-carboxylate
(18) Pethidine- Intermediate
-C,l-methyl-4-
phenylpiperidine-4-
carboxyhc acid
(19) Phenazocine 9715
(20) Piminodme 9730
(21) Racemethorphan 9732
(22) Racemorphan 9733
(23) Sufentanil 9740
(d) Stimulants. Unless specifically excepted
or unless hsted in another schedule any mate-
rial, compound, mixture or preparation which
contains any quantity of the following sub-
stances having a stimulant effect on the central
ner\'ous system:
(1) .Amphetamine, its salts, 1100
optical isomers, and salts
of its optical isomers
(2) Methamphetamine, its 1105
salts, isomers and salts of
its isomers
(3) Phenmetrazine and its 1631
salts
(4) Methylphemdate 1724
(5) Nabilone 7379
|.\nother name for nabilone:
(plus or minus)trans-
3-( 1 , 1 -dimethylheptyl)-
6,6a,7,8,10,10a-hexahydro
- l-hydroxy-6,6-dimethyl
-9H-dibenzolb,d|pyran-9-one).
(6) Phenylacetone ' 8501
Some trade or other names:
Phenyl-2-propanone;
P2P;'
benzyl methyl Ketone;
methyl benzyl Ketone;
(7) Phencychdine 7471
(A) 1-Phenylcyclohexylamine 7460
(B) 1-Piperidinocyclohexane 8603
-carbonitrile (PCC)
(e) Depressants. Unless specifically excepted
or unless listed in another schedule, any mate-
rial, compound, mixture of preparation which
contains any quantity of the following sub-
stances having a depressant effect on the cen-
tral ner\'ous system, including its salts, isomers
and salts of isomers whenever the existence of
such salts, isomers and salts of isomers is pos-
sible within the specific chemical designation:
5i3
NORTH CAROLINA REGISTER
FINAL RULES
(1) Amobarbital 2125
(2) Pentobarbital 2270
(3) Secobarbital 2315
(f) Hallucinogenic Substances.
Dronabinol (synthetic)
in sesame oil and
encapsulated in a soft
gelatin capsule in a U.S.
Food and Drug Administration
approved drug product 7369
[Some other names for
dronabinol:
((6aR-trans)-6a,7,8,10a-
tetrahydro-6,6,9-trimethyl-
3-pentyl-6H-dibenzo|b,d|
pyran- l-o 1 ],or(-)-delta-9-
(trans)- tetrahydrocannabLnol)
History Note: Statutory Authority
Ci.S. 90-88: 90-90; I43B-I47;
Eff. June 30, 1978;
Amended Eff. December 1 . 1987;
August I. 1987; December I, 1986;
April I, 1986.
.0204 SCHEDULE III
(a) Schedule III shall consist of the drugs and
other substances, by whatever official name,
common or usual name, chemical name, or
brand name designated, Listed in this Rule.
Each drug or substitute has been assigned the
Drug Hnforcement .Administration controlled
substances code number set forth opposite it.
(b) Stimulants. Unless specifically excepted
or unless listed in another schedule, any mate-
rial, compound, mixture or preparation which
contains any quantity of the following sub-
stances having a stimulant effect on the central
nervous system:
(1) Those compounds, mixtures
or preparations in dosage
unit form containing any
stimulant substances which
are currently listed as
excepted compounds under
Section 9.32 and anyother
drug of the quantitative
composition shown in that
list of those drugs or
which is the same except
that it contains a lesser
quantity of controlled
substances 1405
(2) Benzphetamine 1228
(3) Chlorphentermine 1645
(4) Clortcrrrdne 1647
(5) Phendimetrazine 1615
(c) Depressants. Unless specifically excepted
or unless listed in another schedule, any mate-
rial, compound, mixture or preparation which
contains any quantity of the following sub-
stances having a depressant effect on
(1) Any compound, mixture or preparation
containing:
(A) Amobarbital 2126
(B) Secobarbital 2316
(C) Pentobarbital 2271
or any salt thereof and one or more ac-
tive medicinal ingredients which are not
listed in any schedule;
(2) Any suppository dosage form contain-
ing:
(A) Amobarbital 2126
(B) Secobarbital 2316
(C) Pentobarbital 2271
or any salt of any of these drugs and
approved by the Food and Drug Ad-
ministration for marketing only as a
suppository;
(3) Ariy substance which contains
any quantity of a derivative
of barbituric acid or any
salt thereof 2100
(4) Chlorhe.xadol 2510
Glutethimide 2550
Lysergic acid 7300
Lysergic acid amide 7310
Methypr>lon 2575
Sulfondiethylmethane 2600
Sulfonethylmethane 2605
Sulfonmethane 2610
Tiletamine and zolazepam
or any salt 7295
thereof-
Some trade or other names
for a tiletamine-zolazepam
combination product: Telazol.
Some trade or other names
for tiletamine:
2-(ethylamino)-2-(2-thienyl)
-cyclohexanone.
Some trade or other names
for zolazepam:
4-(2-fluorophenyl)-6,8-
dihydro-l,3,8-trimethylpyrazolo
-[3,4-e| (l,4|-diazepin-7
(lH)-one. flupyrazapon.
(d) Nalorphine (a narcotic drug) 9400
(e) Narcotic Drugs. Unless specifically ex-
cepted or unless in another schedule, any ma-
terial compound, mixture or preparation
containing limited quantities of any of the fol-
lowing narcotic drugs or any salts thereof:
(1) not more than 1.8 grams of codeine per
100 milliliters or not more than 90 mil-
li grams per dosage unit, with an equal
or greater quantity of an isoquinoline
alkaloid of opium"9803;
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
NORTH CAROLINA REGISTER
534
FINAL RULES
(2) not more than 1.8 grams of codeine per
100 milliliters or not more than 90 mil-
ligrams per dosage unit, with one or
more active nonnarcotic ingredients in
recognized therapeutic amounts--9804;
(3) not more than 300 milligrams of dihy-
drocodeinone per 100 milliliters or not
more than 15 milligrams per dosage
unit with a fourfold or greater quantity
of an isoquinoline alkaloid of
opium-9805;
(4) not more than 300 milligrams of dihy-
drocodeinone per 100 milliliters or not
more than 15 milligrams per dosage
unit with one or more active nonnar-
cotic ingredients in recognized thera-
peutic amounts--9806;
(5) not more than 1.8 grams of dihydroco-
deine per 100 milliliters or not more
than 90 milligrams per dosage unit with
one or more active nonnarcotic ingre-
dients in recognized therapeutic am-
ounts-9807;
(6) not more than 300 milligrams of ethyl-
morphine per 100 milliliters or not
more than 15 milligrams per dosage
unit with one or more active nonnar-
cotic ingredients in recognized thera-
peutic aniounts--9808;
(7) not more than 500 milligrams of opium
per 100 milliliters or per 100 grams or
no more than 25 milligrams per dosage
unit with one or more active nonnar-
cotic ingredients in recognized thera-
peutic ainounts--9809;
(8) not more than 50 milligrams of mor-
phine per 100 milliliters or per 100
grams with one or more active nonnar-
cotic ingredients in recognized thera-
peutic amounts--9810.
tlistory Note: Statutory Authority
G.S. 90-88: 90-91: I43B-I47;
Eff. June 30, 1978:
Amended Eff. December 1 . 1987;
August I, 1987: July J, 1982.
.0205 SCHKHLIK IV
(a) Schedule IV shall consist of the drugs and
other substances by \\hatever official name,
common or usual name, chemical name or
brand name designated listed in this Rule.
Evach drug or substance has been assigned the
Drug Enforcement Administration controlled
substances code number set forth opposite it.
(b) Depressants, liilcss specifically excepted
or unless listed in another schedule, any mate-
rial, compound, mixture or preparation which
contains any quantity of the following sub-
stances, mcluding its salts, isomers and salts of
isomers whenever the existence of such salts,
isomers and salts of isomers is possible within
the specific chemical designation:
(1) Alprazolam
2882
(2) Barbital
2145
(3) Bromazepam
2748
(4) Camazepam
2749
(5) Chloral betaine
2460
(6) Chloral hydrate
2465
(7) Chlordiazepoxide
2744
(8) Clobazam
2751
(9) Clonazepam
2737
(10) Clorazepate
2768
(11) Clotiazepam
2752
(12) Cloxazolam
2753
(13) Delorazepam
2754
(14) Diazepam
2765
( 1 5) Estazolam
2756
(16) Ethchlorvynol
2540
(17) Ethinamate
2545
(18) Ethyl loflazepate
2758
(19) Eludiazepam
2759
(20) Flunitrazepam
2763
(21) Flurazepam
2767
(22) Halazepam
2762
(23) Haloxazolam
2771
(24) Ketazolam
2772
(25) Loprazolam
2773
(26) Lorazepam
2885
(27) Lormetazepam
2774
(28) Mebutamate
2800
(29) Medazepam
2836
(30) Meprobamate
2820
(31) Methohexital
2264
(32) Methylphenobarbital
(mephobarbital)
2250
(33) Midazolam
2884
(34) Nimetazepam
2837
(35) Nitrazepam
2834
(36) Nordiazepam
2838
(37) Oxazepam
2835
(38) Oxazolam
2839
(39) Paraldehyde
2585
(40) Petrichloral
2591
(41) Phenobarbital
2285
(42) Pinazepam
2883
(43) Prazepam
2764
(44) Quazepam
2881
(45) Temazepam
2925
(46) Tetrazepam
2886
(47) Triazolam
2887
(c) Feniluramine. Any material compound,
mixture jr preparation which contains any of
the following substances including its salts,
isomers (whether optical, position or geomet-
ric) and salts of such isomers whenever the
existence of such salts, isomers and salts of
isomers is possible:
5i5
NORTH CAROLINA REGISTER
FINAL RULES
Fenfluramine 1670
(d) Stimulants. Unless specifically excepted
or unless listed in another schedule, any mate-
rial, compound, mixture, or other preparation
which contains any quantity of the following
substances having a stimulant effect on the
central nervous system, including its salts,
isomers (whether optical, position, or geomet-
ric), and salts of such isomers whenever the
existence of such salts, isomers, and salts of
isomers is possible within the specific chemical
designation:
(1) Diethylpropion 1610
(2) Mazindol 1605
(3) Phentermine 1640
(4) Pemolin (including
organometaUic complexes and
chelates thereof) 1 530
(e) Other Substances. Unless specifically
excepted or unless listed in another schedule,
any material, compound, mixture or prepara-
tion which contains any quantity of the fol-
lowing substance, including its salts:
(1) Pentazocine 9709
Pipradrol 1750
SPA |(-)-l-dLmethylamino
l,2-diphenylethane| 1635
Narcotic Drugs. Unless specifically ex-
cepted or unless listed in another schedule, any
material, compound, mixture or preparation
containing limited quantities of an> of the fol-
lowing narcotic drugs, or any salt thereof
(1) not more than one
milligram of difenoxin and
not less than 25 micrograms
of atropine sulfate per
dosage unit, 9167
(2) Dextropropoxyphene (alpha
-( + )-4-dimethylamino- 1 ,2-
diphenyl-3-methyl-2-
propionoxybutane), 9278
(3) Buprenorphine 9064
History Note: Statutory Authority
G.S. 90-88; 90-92; I43B-I47;
(2)
(3)
(0
Eff. June 30, 1978;
Amended Eff. December I, 1987;
August I, 1987; December 1. 1986;
August I, 1985.
.0206 SCHEDULE V
(a) Schedule V shall consist of the drugs
and other substances by whatever official
name, common or usual name, chemical
name or brand name designated, listed in
this Rule.
(b) Narcotic Drugs Containing Nonnar-
cotic Active Medicinal Ingredients. Any
compounds, mixture or preparation con-
taining any of the following limited quanti-
ties or narcotic drugs or salts thereof which
shall include one or more nonnarcotic active
medicinal ingredients in sufficient propor-
tion to confer upon the compound, mixture
or preparation valuable medicinal qualities
other than those possessed by the narcotic
drug alone:
(1) not more than 200 milligrams of codeine
per 100 milliliters or per 100 grams,
(2) not more than 100 milligrams of dihy-
drocodeine per 100 milliliters or per 100
grams,
(3) not more than 100 milligrams of ethyl-
morphine per 100 milliliters or per 100
grams,
(4) not more than 2.5 milligrams of diphe-
noxylate and not less than 25 micro-
grams of atropine sulfate per dosage
unit,
(5) not more than 100 milligrams of opium
per 100 milliliters or per 100 grams,
(6) not more than 0.5 rruUigrams of dife-
noxin and not less than 25 micrograms
atropine sulfate per dosage unit.
History Note: Statutory Authority
G.S. 90-88(a);
Eff. June 30, 1978;
Amended Eff. December 1 , 1987;
April I, 1983; March 30, 1979.
..
NORTH CAROLINA REGISTER
536
LIST OF RULES AFFECTED
NOR! H CAROLINA ADMINISTRATIVE CODE
EFFECTrV'E: November 1, 1987
AGENCY
UKPAKIMKNT OK AGRICl I 11 RE
ACTION TAKEN
2 NCAC 34
.0601
Temp. Amended
Expires 4-12-88
.0603
Temp. Amended
Expires 4-12-88
.0605
Temp. Amended
Expires 4-12-88
DEPARIMKNT OF COMMERCE
.0103
4 NCAC IG
.0101-
Temp. Adopted
Expires 2-13-88
.0201-
.0203
Temp. Adopted
Expires 2-13-88
.0301-
.0302
Temp. Adopted
Expires 2-13-88
.0101-
.0103
Adopted
.0201-
.0203
Adopted
.0301-
.0302
Adopted
5A
.0106
Temp, .•\mended
Expires 4-2-88
DEPARTMENT OF HUMAN
RESOURCES
10 NCAC 8A
.1102-
1103
Temp. Amended
Expires 4-17-88
lOD
.0906
Amended
lOG
.0107
Temp. .Amended
Expires 4-28-88
.0505
Temp. Amended
Expires 4-28-88
14C
.1117
Temp. Amended
Expires 4-1 1-88
181
.0120
Temp. Amended
Expires 4-11-88
508
.0313
Amended
DEPARTMENT OF NATl RAL RESOURCES
AND COMMUNITY DEVEUOPMENT
15 NCAC 2\\
.0102-
0103
/Vmended
.0104
Repealed
.0106
Amended
.0110
Repealed
.0111
/Vmended
.0114
/Vmended
.0118
/Vmended
.0201-
0203
/Vmended
16C
.0105
/Vmended
.0108
/Vmended
537
NORTH CAROLINA REGISTER
LIST OF RULES AFFECTED
DKP AK IMFNT OF RKVEM E
17
NCAC
5B
.0104
5C
.2001-
.2002
DFPARTMFNT OF TRANSPORTATION
19A
NCAC
2B
.0221
2E
.0219-
.0222
.0220
RFAF FSTATF LICENSING BOARD
21
NCAC
58A
.0109
.0601
.0805
.0905
.1003
.1005-
.1104
.1202
.1206
.1305
.1307
.1006
OFFICE OF
STATE PERSONNEL
25
NCAC
IE
\\\
.0704-
.0707-
.0602
.0605
.0616-
.0625-
.0705
.0710
.0617
.0628
IL
.0001-
.0004-
.0002
.0005
OFFICE OF
ADMINISTRATE E HEARINGS
26 NCAC 3 .0002-. 00 10
.0012-.0015
.00 17-. 0022
.0028
Amended
Amended
Amended
Amended
Amended
Amended
Amended
Amended
Amended
Amended
Amended
yVmended
Amended
Amended
Amended
Amended
Adopted
Adopted
Amended
Amended
Adopted
Adopted
Amended
Amiended
Amended
Amended
Amended
Amended
NORTH CAROLINA REGISTER
538
NC AC INDEX
TI ILK/MAJOR DIMSIONS OF THE NORTH CAROLINA AD.MIMSTRATIVE CODE
THLE DEPARIMENT
1 Administration, Department of
2 Agriculture, Department of
3 Auditor, Department of State
4 Commerce, Department of
5 Corrections, Department of
6 Council of State
7 Cultund Resources, Department
8 Elections, State Board of
9 Governor, Office of the
10 Human Resources, Department of
11 Insurance, Department of
12 Justice, Department of
13 Labor, Department of
14A Crime Control and Public Safety, Department of
1 5 Natural Resources and Community Development
16 Education, Department of
17 Re\'enue, Department of
18 Secretary' of State. Department of
19A Transportation, Department of
20 Treasurer, Department of State
*21 Occupational Licensing Boards
22 Administrative Procedures
23 Community Colleges, Department of
24 Independent Agencies
25 State Personnel, Office of
26 Administrative Hearings, Office of
NOTE: Title 21 contains the chapters of the various occupational Licensing boards.
CHAPTER LICENSrSG BOARDS
2 Architecture, Board of
4 Auctioneers, Commission for
6 Barber Examiners, Board of
8 Certified Pubhc Accountant Examiners
10 Chiropractic Examiners, Board of
12 Contractors, Licensing Board for
14 Cosmetic /Vrt Examiners, Board of
16 Dental Examiners, Board of
18 Electrical Contractors, Board of Examiners
20 Eoresters, Board of Registration for
21 Geologists, Board of
22 Hearing Aid Dealers and Litters Board
26 Landscape Architects, Licensing Board of
28 Landscape Contractors, Registration Board of
31 Martial & Eamily Therapy Certification Board
32 Medical Examiners, Board of
33 Midwifery Joint Committee
34 Mortuarv' Science, Board of
36 Nursing, Board of
37 Nursing Home Administrators, Board of
38 Occupational Therapist. Board of
40 Opticians. Board of
42 Optomctr\', Board of Examiners in
539 NORTH CAROLINA REGISTER
NC AC INDEX
44 Osteopathic Examination and Registration
46 Phannacy, Board of
48 Physical Therapy, Examining Committee of
50 Plumbing and Heating Contractors, Board of
52 Podiatry Examiners, Board of
53 Practicing Counselors, Board of
54 Practicing Psychologists, Board of
56 Professional Engineers and Land Surveyors, Board of
58 Real Estate Commission
60 Refrigeration Examiners, Board of
62 Sanitarian Examiners, Board of
63 Social Work, Board of
64 Speech and Language Pathologists and
Audiologists, Board of Examiners of
66 Veterinary Medical Board
NOR TH CAROLINA REGIS TER 540
CUMULA TIVE INDEX
CUMULA THE L\DEX
(April 1987 - March 1988)
1987- 1988
Pages
Issue
1 - 137
138 - 169
170 - 198
199 - 285
286- 364
365 - 417
418 - 487
488 - 544
1 - April
2 -
3 -
May
June
4 -
5 -
6 -
7 -
July
Augiist
September
October
8 -
November
AG - Administrative Order
AG - Attorney General's Opinions
C - Correction
E - Errata
EO - Executive Order
FDL - Final Decision Letters
FR - Fmal Rule
GS - General Statute
JO - Judicial Orders or Decision
ERA - Eist of Rules Affected
\I - Miscellaneous
NP - Notice of Petitions
PR - Proposed Rule
SO - Statements of Organization
TR - Temporary Rule
ADMINISTRATION
Auxiliary Services, 203 PR
Departmental Rules, 429 PR
Propertv and Construction. 388 PR
State Construction, 388 PR
State Employees Combined Campaign,
ADMESISTRATrVE HEARINGS
Hearings Di\ision, 408 PR
13 PR, 334 PR
204 PR, 429 PR
AGRICLLTLRE
Food and Drug Protection Di\ision,
Markets, 206 PR
N. C. State Fair, 205 PR
Pesticide Board, 13 PR
Standards Division, 206 PR
Structural Pest Control, 205 PR, 393 PR, 492 PR
Veterman-, 209 PR
COMMERCE
541
NORTH CAROLINA REGISTER
CUMULA TIVE INDEX
Ccmetcr>' Commission, 429 PR
Credit Union Division, 334 PR
Departmental Rules. 14 PR, 143 PR
Savings & Loan Division, 147 PR
Sealbod Industrial Park Authority, 430 PR
COMML^NITY COLLEGES
Community Colleges, 270 PR
CORRECTION
Division of Prisons, 105 FR, 190 FR, 275 FR
Parole Commission, 106 FR
CRIME CONTROL AND PUBLIC SAFETY
State Highway Patrol, 159 PR
Victim and Justice Services, 342 PR
EXECUTIN E ORDERS
lixecutive Orders 34 -
42, 1
EO
43 -
46, 138
HO
47 -
49, 171
no
50, 199
EO
51 -
53,288
FO
54, 384
EO
55 -
56,418
EO
EESAL DECISION LETTERS
Votmg Rights Act, 10 FDL, 141 FDl , 200 FDL, 291 FDL, 385 FDL, 489 FDL
GENERAL STATUTES
Chapter 7A, 382 GS
Chapter 143B, 286 GS
Chapter 150B, 366 GS
HUMAN RESOURCES
AFDC, 156 PR
Commission of Anatomy, 441 PR
Departmental Rules, 492 PR
Drug Commission, 530 FR
Facihty Services, 174 PR, 211 PR, 393 PR
Familv Scr\ices, 152 PR
Health Sen,'ices, 237 PR, 432 PR, 494 PR
Individual and Family Support, 153 PR
Medical Assistance, 149 PR, 174 PR, 248 PR, 339 PR, 396 PR, 443 PR, 506 PR
Mental Health, Mental Retardation
and Substance Abuse, 15 PR, 247 PR, 337 PR, 442 PR
Notice, 170 C, 488 C
Social Services Commission, 397 PR
INDEPENDENT AGENCIES
Housing Finance, 355 PR
INSURANCE
Life Accident & Health Division, 17 PR
JUDICIAL ORDERS
Martin v. Melott, 420 JO
JUSTICE
NOR TH CAROLINA REGIS TER 542
CUMULA TIVE INDEX
Fducation and Training Standards, 19 PR
N.C. iVlarm Systems, 341 PR
Private Protective Services, 249 PR
LICENSrSG BOARDS
CPA, 269 PR, 351 PR, 516 PR
Chiropractic Examiners, 178 PR
Dental Examiners, 461 PR
Geoloeists, 524 PR
Medical Examiners, 95 PR, 403 PR
Mortuap, Science, 404 PR
Nursing Home Administrators, 182 PR
Opticians, 404 PR
Real Estate, 352 PR
Refrigeration Examiners, 526 PR
LIST OF RULES AFFECTED
Volume 12, No. 1
(April 1, 1987), 131 ERA
Volume 12, No. 2
(May 1, 1987), 163 ERA
Volume 12, No. 3
(June 1, 1987), 193 ERA
Volume 12, No. 4
(July 1, 1987), 277 ERA
Volume 12, No. 5
(August 1, 1987) 358 ERA
Volume 12, No. 6
(September 1, 1987), 411 ERA
October 1. 1987, 479 ERA
November 1, 1987, 537 ERA
NATURAE RESOURCES AND COMMUNIFY DEVELOPMENT
Coastal .Management, 94 PR, 160 PR, 259 PR, 347 PR, 365 C, 401 PR, 445 PR, 510 PR
Community Assistance, 511 PR
Economic Opportumtv, 161 PR
Imvironmental Management, 29 PR, 249 PR, 346 PR, 506 PR
Manne Fisheries, 84 PR, 255 PR
Wildlife Resources and Water Safety, 175 PR, 268 PR, 446 PR
PUBLIC EDI CATION
Elementary and Secondary, 348 PR
REVENUE
Corporate Income Franchise Tax, 470 FR
Individual Income Tax, 107 FR
Motor Fuels Tax, 108 FR
STATE PERSONNEL
Employee Benefits, 183 PR, 408 PR
Office of State Personnel, 96 PR, 465 PR
STATE TREASURER
Departmental Rules, 161 PR
Educational Facilities Fmance Agency, 349 PR, 475 FR
Investment Program, 177 PR
ST.\TEMENTS OF ORGANIZATION
Statements of Orsanization, 295 SO
54i NOR TH CAROLINA REGIS TER
CUMULA TIVE INDEX
TRANSPORTATION
Division of Highways, 410 FR, 471 FR
Motor Vehicles, 109 FR
NORTH CAROLINA REGISTER 544
W9LZ EunoJBD qyoN 'qSiaiBH
99911 i3A\BJa O d
sSuueaH aAiiBJisiuiuipy jo asijJO
FOLD HERE
NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE
ORDER FORM
lease enter my subscription for the North Carolina Register to start with the issue
R95.00/year subscription)
lease enter my subscription for the NCAC in microfiche form starting with the edition,
Published in March and October: $40.00 per edition)
:enew North Carolina Register D Renew NCAC
!heck Enclosed D Please bill me
5e make checks payable to Office of Administrative Hearings
E ADDRESS
STATE ZIP
VIE_
Lim to Office of Administrative Hearings - fold at line, staple at bottom and affix postage.)
CHANGE OF ADDRESS:
1 . Present Address
NAME
ADDRESS
CITY
STATE
ZIP
2. New Address
NAME
ADDRESS
CITY
STATE
ZIP
J
Offlce of Administrative Hearings
P. O. Drawer 11666
Raleigh, North Carolina 27604
''&,
L'^ J
'i^m. L^"^^^
J -fi^
^ FIRST CLASS MAIL
1 786
UNiy. OF NORTH CAROLINA
LAU LIBRARY
OAN HECKE-yETTACH 064-A
CHAPEL HILL NC 27514-00000
TVNews
OpenLibrary